1 2026:CGHC:19834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2078 of 2026 Shivmohan Gupta S/o Jwala Prasad Gupta Aged About 36 Years R/o Village Jatga, Tahsil - Podi Uproda, District - Korba, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 2 - Secretary Department Of Forest, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 3 - Conservator Of Forest Circle Korba, District Surguja Chhattisgarh 4 - Divisional Forest Officer Forest Division - Katghora, District Korba, Chhattisgarh 5 - Filed Assistant Jatga West Circle, Forest Division - Katghora, District Korba, Chhattisgarh 6 - Range Forest Officer - Jatga Forest Division Katghora, District Korba, Chhattisgarh 7 - Collector Korba District Korba, Chhattisgarh 8 - Sub Divisional Officer (Revenue) Podi Uproda, District Korba, Chhattisgarh 9 - Tahsildar Podi Uproda District Korba, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ravi Kumar Bhagat, Advocate For State : Dr. Arham Siddiqui, Panel Lawyer YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.04.30 18:55:22 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 29.04.2026 1 By filing the present petition, the petitioner assails the eviction notice dated 09.01.2026 issued by the Forest Department under the provisions of the Indian Forest Act, on the ground that the same is wholly without jurisdiction, inasmuch as the land in question pertains to the Revenue Department, and the impugned action has been initiated arbitrarily at the instance of rival parties. The petitioner has prayed for following reliefs :- “10.1 This Hon'ble Court may kindly be pleased to directed the respondent State to call relevant records, pertaining to the instant matter. 10.2 This Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction, preferably in the nature of certiorari, quashing and setting aside the impugned notice/order dated 09/01/2026 issued by the respondent no. 4 of Forest Department under the provisions of the Indian Forest Act, 1927; 10.3 This Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction, preferably in the nature of mandamus, directing the respondents not to interfere with the peaceful possession of the petitioner over the land bearing Khasra No. 02/1 (area 0.113 H), which belongs to Revenue Department. 10.4 This Hon'ble Court may kindly be pleased to Declare that the action of the respondent authorities in initiating proceedings under the Forest Act with respect to the said land is illegal. arbitrary, without jurisdiction and unsustainable in law; 3 10.5 This Hon'ble Court may kindly be pleased to Grant any other relief(s) deemed fit and proper in the facts and circumstances of the case, including costs of the petition.” 2 At the outset, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to avail appropriate remedy as available under law before the competent authority, particularly against the eviction notice dated 09.01.2026 issued by the Forest Department. 3 Learned State counsel has no objection to the aforesaid prayer. 4 Accordingly, the present petition is dismissed as withdrawn with liberty, as prayed for, to approach the competent authority for redressal of the grievance in accordance with law. 5 It is, however, observed that considering the nature of the dispute, particularly the petitioner’s assertion that the land in question pertains to the Revenue Department, no coercive steps pursuant to the impugned eviction notice dated 09.01.2026 shall be taken against the petitioner for a period of 10 days from today. The petitioner is directed to approach the concerned authority within the aforesaid period, failing which the protection granted by this Court shall automatically stand vacated. 6 There shall be no order as to costs. Sd/-- (Amitendra Kishore Prasad) Judge Yogesh