1 2026:CGHC:17844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1725 of 2026 Kunti Gond W/o Late Basraj, Caste -Gond Aged About 37 Years R/o- Village And Gram Panchayat-Mukha, P.C. No. 12, Tahsil-Daura-Kochli, Police Out Post- Daura, P.S. Pasta, District-Balrampur-Ramanujganj Chhattisgarh. --- Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan Atal Nagar, Nawa Raipur, Raipur, District-Raipur (C.G.) 2 - The Collector, Balrampur, District-Balrampur- Ramanujganj (C.G.) 3 - The Sub Divisional Officer(R) Balrampur, District-Balrampur-Ramanujganj (C.G.) 4 - The Tehsildar, Tahsil- Daura-Kochli, District-Balrampur- Ramanujganj (C.G.) 5 - The Gram Panchayat Mukha, Through Secretary, Gram Panchayat Mukha, P.C. No. 12, Tahsil -Daura-Kochli, District-Balrampur-Ramanujganj(C.G.) --- Respondent(s) For Petitioner : Mr. Shrikant Kaushik, Adv. For Respondents : Mr. Rajkumar Gupta, Addl. Adv. General Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 20-4-2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.04.22 17:09:02 +0530 2 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to occupy the land of the petitioner which is the sole source of her livelihood. 10.2 That, the respondent authorities may kindly be directed to consider and decide the application of petitioner for grant of patta which is pending before the respondent authorities, the Collector, respondent No. 2. 10.3 That, the Collector Balrampur may kindly be directed to consider the case of petitioner for grant of patta in respect of Khasra No. 98 area 0.25 hectare situated at village and Gram Panchayat Mukha, P.C. No. 12, Tahsil District - Balrampur - Ramanujganj (C.G.). Daura-Kochli, 10.4 That, any other relief, which this Hon'ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner. 2. Learned counsel for the petitioner submits that, petitioner is an occupant of government land (Chhote Jhad Ka Jangal) bearing Khasra No. 98 area 0.25 hectare, situated at village and gram Panchayat, Mukha, PC No. 12, Tahsil Daura-Kochli, Distt. Balrampur-Ramanujganj. The petitioner and some other villagers who belong to Tribal Gond community, are in possession of said land since 35-40 years by constructing houses, but without any process, since the Gram Panchayat filed application (Annexure P-1) dated 17-2-2026 before the Tehsildar for allotment of land for construction of Community hall/ Rajmohini Bhawan (Mandir), therefore, Revenue Authorities of Gram Panchayat are pressurizing the petitioner and other occupants to 3 vacate said land. Learned counsel further submits that, the petitioner has filed an application (Annexure P-2) before the Collector, Balrampur for grant of forest right /patta in respect of land occupied by her but, the same has not been decided yet, hence he prays that respondent No. 2/Collector, Balrampur be directed to decide application Annexure P-2 filed by petitioner at the earliest , till then the respondent authorities be directed not to disturb the possession of the petitioner on said land. 3. In reply, learned counsel appearing for the State would submit that, said land possessed by the petitioner is a government land (Chhote Jhad ka Jangal), as such, petitioner has no right on it, rather she has occupied said land as encroacher. He further submits that, if petitioner wants forest right/patta, then she may file application before concerned Gram Sabha. However, he further submits that, application Annexure P-2 filed by the petitioner shall be decided by the respondent No. 2/Collector, Balrampur. 4. Heard learned counsel for the parties and perused the material available on record. 5. The petitioner is a tribal Gond lady aged about 37 years. As contended by her counsel, she is residing on said land since last about 35 years. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest ights) Act, 2006 has been enacted to grant forest right of forest doweling to the traditional forest dwellers. 6. Having considered aforesaid fact and as the petitioner is a tribal lady, without entering into merits of the case, this writ petition is disposed of directing espondent No. 2 / Collector, Balrampur to decide application 4 Annexure P-2 filed by the petitioner for grant of forest right/patta. It is further observed that, if any procedure for grant of aforesaid forest is required, then the respondent No. 2 may process Annexure P-2 in accordance with the prescribed procedure. It is also observed that, till deciding the application Annexure P-2 filed by the petitioner by the Collector, Balrampur/competent authority, the petitioner shall not be dispossessed from the said land. It is further observed that, aforesaid proceeding be carried out by the respondent No. 2 as early as possible preferably within 90 days from the date of receipt of copy of this order. In this regard, the petitioner is also directed to cooperate with the Collector/competent authority and shall file copy of this oder within 15 days from today before the respondent No. 2/Collector, Balrampur/competent authority. 7. With the above observations and directions, this writ petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak