1 2026:CGHC:17511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1626 of 2026 Rajkumari W/o Shri Faguram (Wrongly Mentioned As Kaguram) Aged About 51 Years R/o Mohalla, Dabripani, Village Bandhiyachuwan, Tahsil- Ambikapur, District Sarguja (CG) --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (CG) 2 - The Secretary Department Of Forest, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (CG) 3 - The Collector District Sarguja (CG) Ambikapur 4 - The District Forest Officer (Forest) District- Sarguja, (CG) Ambikapur 5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur, District- Sarguja (CG) 6 - The Sub Divisional Officer (Revenue) Sub Division- Ambikapur, District- Sarguja (CG) 7 - The Forest Range Officer Forest Range- Ambikapur, District- Sarguja (CG) --- Respondents WPC No. 1629 of 2026 Ramdhani @ Ramdhani Minj S/o Jagan Aged About 40 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.20 17:49:23 +0530 2 2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 3 - The Collector District Sarguja, Ambikapur (C.G.) 4 - The District Forest Officer District Sarguja (C.G.) (Ambikapur) 5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.) 6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.) 7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.) --- Respondents WPC No. 1631 of 2026 Mahendra Sao S/o. Late Ghurbhari Sao Aged About 50 Years R/o.- Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District- Surguja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through- Secretary, Development Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.) 2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur Distt.- Raipur (C.G.) 3 - The Collector District- Surguja, Ambikapur (C.G.) 4 - The District Forest Officer District- (Ambikapur) Surguja (C.G.) 5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District- Sarguja (C.G.) 6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District- Surguja (C.G.) 7 - The Forest Range Officer Forest Range- Ambikapur District- Surguja (C.G.) --- Respondents WPC No. 1753 of 2026 Smt. Sulochna @ Smt. Sulochna Tigga W/o Shri Rajesh Tigga Aged About 36 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 3 3 - The Collector District Sarguja, Ambikapur (C.G.) 4 - The Divisional Forest Officer Surguja Forest Division Ambikapur, District Sarguja (C.G.) 5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.) 6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.) 7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.) --- Respondents WPC No. 1755 of 2026 Kamleshwar Ram S/o Shri Sundar Sai, Aged About 44 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur Distt. Raipur (C.G.) 2 - The Secretary, Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 3 - The Collector, District Sarguja,ambikapur (C.G.) 4 - The District Forest Officer, District Sarguja (C.G.) (Ambikapur) 5 - The Sub Divisional Officer (Forest), Sub Divisional-Ambikapur District Sarguja(C.G.) 6 - The Sub Divisional Officer (Rev.) Sub Divisional Ambikapur District Sarguja (C.G.) 7 - The Forest Range Officer, Forest Range- Ambikapur District Sarguja (C.G). --- Respondents WPC No. 1764 of 2026 Vinod Minj S/o Victor Minj Aged About 39 Years R/o Mohalla Dabripani, Village- Bandhiyachuwan, Tahsil- Ambikapur, District- Sarguja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.) 2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.) 3 - The Collector District- Sarguja, Ambikapur (C.G.) 4 4 - The Divisional Forest Officer Surguja Division Ambikapur, District- Surguja (C.G.) 5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur, District- Sarguja (C.G.) 6 - The Sub Divisional Officer (Rev.) Sub Division - Ambikapur, District- Sarguja (C.G.) 7 - The Forest Range Officer Forest Range- Ambikapur, District- Sarguja (C.G.) --- Respondents WPC No. 1765 of 2026 Saihon Kujur @ Sahimon Kujur S/o Nandlal Kujur Aged About 43 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 3 - The Collector District Sarguja (C.G.) 4 - The Divisional Forest Officer Surguja Forest Division Ambikapur, District Sarguja (C.G.) 5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.) 6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.) 7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.) --- Respondents WPC No. 1771 of 2026 Nabi Husain Son Of Suleman Miya, Aged About 43 Years R/o. Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarhuja (C.G.) ---Petitioner Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 3 - The Collector District Sarguja, Ambikapur (C.G.) 5 4 - The Divisional Forest Officer Surguja Forest Division Ambikapur District Sarguja (C.G.) 5 - The Sub Divisional Officer (Forest) Sub Division - Ambikapur District Sarguja (C.G.) 6 - The Sub Divisional Officer(Rev.) Sub Division - Ambikapur District Sarguja (C.G.) 7 - The Forest Range Officer Forest Range - Ambikapur District Sarguja (C.G.) --- Respondents WPC No. 1775 of 2026 Saroj Ansari S/o Alihussain Ansari Aged About 53 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District- Sarguja (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Secretary, Department Of Forest Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 3 - The Collector, District- Sarguja Ambikapur (C.G.) 4 - The District Forest Officer, District- Sarguja (C.G.) (Ambikapur ) 5 - The Sub Divisional Officer (Forest ) Sub Division Ambikapur District- Sarguja (C.G.) 6 - The Sub Divisional Officer (R), Sub Division Ambikapur District- Sarguja (C.G.) 7 - The Forest Range Officer Forest Range Ambikapur District- Sarguja (C.G.) --- Respondents (Cause title taken from Case Information System) For Petitioners : Mr. AN Bhakta and Mr. Vivek Bhakta, Advocates For Respondents/State : Mr. Anand Dadariya, Dy. Advocate General and Mr. Soumitra Kesharwani, Mr. Amit Nayak, Mr. Abhishek Gupta and Mr. Shreyansh Mehta, Panel Lawyers (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 16.4.2026 1. Since the issue involved in above mentioned writ petitions are the one and the same, they are taken up for analogous hearing and are being 6 disposed of by this common order. ( For the sake of convenience, WPC No.1626/2026 is taken up as lead case) 2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, with following prayer:- 10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 That, the Hon'ble Court may kindly be pleased to set-aside / quash the impugned eviction / dispossession notice dated 17.03.2026 (ANNEXURE P-1) issued by the District Forest Officer, District Sarguja (Ambikapur) (Resp No.04), and the Petitioner be allowed to reside at the suit property / house (Reserved Forest 2582, area about 0.006 hectare), in the interest of justice. 10.3 That this Hon'ble High Court may kindly be pleased to direct the Respondent authorities concerned to decide the application submitted by the Petitioner for Van Adhikar Patta on 05.02.2022 (Ann P-2 Colly), within stipulated period, in the interest of justice. 10.4 That, the Hon'ble Court may kindly be pleased to pass any other relief, which this Hon'ble High Court deems fit and proper be also awarded. 3. Learned counsel for the petitioners submits that the petitioners, who are poor and landless persons, are in possession of forest land bearing compartment No.2582, situated at Mahamaya Pahad/Dabripani, Distt. Surguja and they have constructed small residential houses over the said land and have been residing there for the past 40-50 years. It is further submitted that all of sudden, eviction notice dated 17.3.2026 (Annexure-P/1) has been issued by respondent No.4/the Divisional Forest Officer, Distt. 7 Surguja (wrongly mentioned as District Forest Officer in the cause title). Learned counsel further submits that since the petitioners are landless persons and except said land occupied by them, they are not having any other alternative land to live, hence, they filed application (Annexure-P/2) before Forest Rights Committee for grant of Forest Rights Certificate. Learned counsel for the petitioners further submits that these petitions may be disposed of granting liberty to the petitioners to file appropriate application along with necessary documents before respondent No.3/the Collector, Distt. Surguja/competent authority for grant of Forest Rights Certificate/Patta in respect of the land in question. 4. In reply, learned counsel for the State submits that the petitioners are in possession of Mahamaya Pahad/Dabripani, which was recorded as Nazul land, but that Pahad was notified as a reserved forest, therefore, respondent No. 3/Collector, Surguja has passed order dated 29-7-2025 to delete the entry of Nazul land and it be recorded in revenue documents as reserved forest by transferring the same to the Forest Department, as such, aforesaid Pahad comes under Compartment No. RF 2582 (Reserved Forest). Therefore, the petitioners have been issued said eviction notices under Section 80A of the Indian Forest Act, 1927. He further submits that, if petitioners file application for their rehabilitation/settlement, then the same shall be decided by the respondent No. 3 in accordance with law. 5. Heard learned counsel for the parties and perused the material available on record. 6. It is not the claim of the petitioners that, they are owner of the said land, which they have possessed and constructed houses on Mahamaya Pahad/Dabripani. Even otherwise, aforesaid Pahad is said to be notified as a reserved forest. But, the fact remains that, petitioners are poor persons and 8 as per their claim, they are residing on said Mahamaya Pahad/Dabripani, Ambikapur by constructing houses for more than 40-50 years, therefore, if they are asked to vacate the said land, then it is the duty of the State authorities to rehabilitate them in appropriate place after examining factual aspects of petitioners’ claim. 7. The Hon'ble Supreme Court in the case of Ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan and Ors [(1997) 11 SCC 121], has observed the constitutional duty of the State in cases involving encroachment. The relevant portion of the afore-cited judgment is reproduced hereunder:- 13....It would, therefore, be clear that though no person has a right to encroach and erect structures or otherwise on footpath, pavement or public streets or any other place reserved or earmarked for a public purpose, the State has the Constitutional duty to provide adequate facilities and opportunities by distributing its wealth and resources for settlement of life and erection of shelter over their heads to make the right to life meaningful, effective and fruitful..." 8. Further, the Hon'ble Supreme Court in the case of In Re: T.N. Godavarman Thirumulpad Vs. Union of India and Ors. (MANU/SC/0762/2025, 2025 SCC OnLine SC 1227), while dealing with issue of right to shelter referred the case of Chameli Singh and Ors. v. State of U.P. and Anr. [(1996) 2 SCC 549], in which it has been held as under:- "8....Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has opportunities to grow physically, mentally, intellectually and spiritually. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and 9 water, electricity, sanitation and other civic amenities like roads etc..." 9. As contended by learned counsel appearing for the petitioners, the petitioners are poor persons and they have no other shelter except the government land possessed by them, therefore, having considered aforesaid observations made by Hon’ble Apex Court and the limited prayer of learned counsel for the petitioners, instead of keeping this writ petitions pending, the same are disposed of by granting liberty to the petitioners to file appropriate applications before respondent No. 3-Collector, Surguja/competent authority within a period of one month from today for grant of Forest Rights Certificate under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 along with all necessary documents or to grant alternative government land to live and maintain their life. In the event of filing such application by the petitioners before the respondent No. 3-Collector Surguja/competent authority, it is directed to decide the same expeditiously preferably within a further period of 60 days from the date of filing of the application along with a copy of this order. It is further observed that any procedure is required to be followed, then the Collector may direct the concerned authority to comply with the procedures. It is further directed that till then, no coercive step shall be taken against the petitioners in respect of notice dated 17-3-2026 (Annexure-P/1) issued by respondent No.4-the Divisional Forest Officer, Distt. Surguja (Ambikapur). 10. It is further observed that, if the petitioners fail to file such application within aforesaid stipulated period, then the interim protection granted in their favour shall loose its efficacy. 11. Further it is made clear that this Court has not expressed any opinion on the merits of the case. 10 12. With the above observations and directions, this writ petition stands disposed of. 13. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini