1 2026:CGHC:14492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 997 of 2026 1 - Baldau Ram Sahu S/o Janak Ram Sahu Aged About 55 Years R/o 95, Kankalinpara, Ward No. 06, Dokala, District North Bastar Kanker (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Forest And Climate Change Department, Mahanadi Bhawan, Atal Nagar (Naya Raipur) District Raipur (C.G.) 2 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar (Naya Raipur) District Raipur (C.G.) 3 - Collector Kanker/president Of District Level Forest Rights Committee District North Bastar Kanker (C.G.) 4 - Commissioner/assistant Commissioner Tribal Development Kanker District North Bastar Kanker (C.G.) 5 - Divisional Forest Officer General Forest Division Kanker, District North Bastar Kanker (C.G.) 6 - Gram Panchayat Dokala Through Sarpanch- Rajkumari Kosma, Block Development Charama, District North Bastar Kanker (C.G.) ... Respondents (Cause title, as taken from CIS system) For Petitioner : Mr. Raza Ali, Advocate For State / Respondent Nos.1 to 5 : Mr. Abhishek Gupta, Panel Lawyer. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 27/03/2026 RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.03.30 15:35:23 +0530 2 1. With the consent of both the parties, the matter is heard finally. 2. This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 Issue an appropriate writ, order or direction quashing and setting aside the impugned notice dated 27.08.2024 (Annexure P/1) issued by the Collector/Respondent No.3 and proposals dated 10.03.2023 and meetings dated 30.07.2024 (Annexure P/2) and all consequential actions taken there under and in effect restore the lease/Vanadhikar Patta of the petitioner. 10.2 Direct the respondents to provide compensation to the petitioner for their wrong and illegal and arbitrary Act. 10.3 Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice, equity, and good conscience with cost of this petition. 10.4 Cost of the litigation may also be provided.” 3. Learned counsel for the petitioner submits that, after due verification, a Forest Right Certificate (Annexure P-4) was issued to the petitioner by order passed in Revenue Case No.113/B-121/2014-15, as the petitioner was in possession over the subject land bearing Khasra Nos.92 and 07, area 1.50 and 1.24 hectares, respectively, prior to the year 2000. He further submits that “Rin Pustika” has also been issued in favour of the petitioner. However, only on account of a complaint made by respondent No.6 / Sarpanch due to personal vengeance, the Sub-Divisional Level Committee recommended, vide Annexure-P/2, cancellation of the Forest Rights Certificate issued in favour of the petitioner. Thereafter, without providing due opportunity of hearing to 3 the petitioner, the District Level Forest Rights Committee (constituted under the Forest Rights Act, 2006), District North Bastar, Kanker (henceforth referred to as “the committee”), vide order Annexure-P/1 dated 27.08.2024, cancelled the Forest Rights Certificate issued in favour of the petitioner. He further submits that the impugned order has been passed without providing an opportunity of hearing to the petitioner; therefore, he prays that the impugned order (Annexure -P/1) be quashed. 4. In reply, learned State counsel, under instructions, submits that on the basis of a complaint made by respondent No.6/Sarpanch, it was found that the petitioner has been in possession on the said land only since year 2019, but obtained the said Forest Rights Certificate claiming possession prior to the year 2000. Thus, the aforesaid Forest Rights Certificate (Annexure -P/4) was obtained by the petitioner on the basis of false facts. Therefore, it was cancelled vide impugned order (Annexure P-1). However, learned State counsel submits that the impugned order was passed without providing an opportunity of hearing to the petitioner, hence, he prays that this petition may be disposed of by quashing impugned order (Annexure P-1), with liberty to pass a fresh order after providing an opportunity of hearing to the petitioner. 5. Heard learned counsel for the parties and perused the material available on record. 6. The Forest Rights Certificate (Annexure -P/4) has been granted to the petitioner after due inquiry, that too, in the order passed in Revenue Case No.113/B-121/2014-15, whereby right has been accrued in favour of the petitioner. Therefore, even if any false facts were stated by the 4 petitioner in obtaining said certificate, the Committee ought to have provided an opportunity of hearing to the petitioner prior to passing the impugned order. However, the principles of natural justice have not been followed, as no opportunity of hearing was provided to the petitioner, as also contended by learned State counsel. Therefore, this Court is inclined to allow the instant petition. 7. Consequently, the impugned order dated 27.08.2024 (Annexure -P/1) passed by the District Level Forest Rights Committee (constituted under the Forest Rights Act, 2006), North Bastar, Kanker (CG) is set aside / quashed. However, liberty is left with respondent No.3/the District Level Forest Rights Committee to reconsider the issue and pass order afresh after providing due opportunity of hearing to the petitioner. 8. Accordingly, the present writ petition is allowed to the extent indicated hereinabove. 9. Pending interlocutory application(s), if any, stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar