Nafr High Court
Case Details
1 2025:CGHC:38676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4171 of 2025 1 - Harinath S/o Pachhu Aged About 45 Years R/o Gram Panchayat- Khukhri, Police Station- Chando, Tahsil- Kusmi, District- Balrampur- Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Deaprtment Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Collector Balrampur, District- Balrampur-Ramanujganj (C.G.) 4 - Divisional Forest OfÏcer (Dfo) Balrampur, Forest Division, Balrampur District- Balrampur-Ramanujganj (C.G.) 5 - Sub-Divisional OfÏcer (Revenue) Balrampur, District- Balrampur- Ramanujganj (C.G.) 6 - Forest Range OfÏcer Forest Range, Kusmi, District- Balrampur- Ramanujganj (C.G.) ---Respondents (Cause-title taken from Case Information System) For Petitioner For Respondent-State
Legal Reasoning
: Mr. Shrikant Kaushik, Advocate : Ms. Nupur Trivedi, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 05/08/2025 1. The petitioner has filed this writ petition on the following Digitally signed by JYOTI JHA Date: 2025.08.06 10:52:03 +0530 2 relief:- “(i) That this Hon’ble Court may kindly be pleased to quash and set aside the impugned notice dated 06.06.2025 issued by the respondent Forest Department in relation to the land situated in compartment No. P-3172, R/o Gram Panchyat Khukhri, Police Station- Chando, Tahsil Kusmi District Balrampur Ramanujganj (C.G.) being illegal, arbitrary, violative of the principles of natural justice, and without authority of law. (ii) That, this Hon’ble Court may kindly be pleased to direct the respondent department to consider and decide the application dated 09.05.2025 and 30.05.2025 of the petitioner filed before them for grant of Van Adhikar Patta in respect of said within some stipulated period. (iii) That any other order/relief which this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice along with the cost of the petition may kindly also be awarded to the petitioners.” 2. Counsel for the petitioner submits that the petitioner is poor and landless person. The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No. P-3172 and directs him to produce valid document in respect of said land within a period of 5 days. The petitioner has already filed application dated 30.05.2025, 09.05.2025 before the Collector, Balrampur stating all facts and he has claimed for grant of Van Adhikar Patta upon the said land in which, the petitioner is in occupant alongwith his family. Till date, no decision in respect of said application has been taken by the 3 respondent authorities. On the one hand, they are not taking decision upon the application for grant of patta filed by the petitioner and on the other hand, respondent department are saying to vacate the said land forthwith, failing which coercive action shall be taken. Since the petitioner's forefather have possessed the said land since last many years and they have invested huge amount for construction of house for residential purpose and now the petitioner and his family members are residing in the said house except this there is no other house or land of the petitioner. The petitioner is continuously filing or demanding Van Adhikar Patta of the said land from the respondent department but till date, they are not giving any heed to his demand or application and previous applications for grant of Van Adhikar Patta were kept in abeyance by the respondent department. All of sudden, the respondent department has issued notice dated 06.06.2025 to the petitioner. Further, they are ready to demolish the house of the petitioner instead of deciding the application for grant of Patta which has already been kept pending by respondent department. The said notice has been issued without affording any opportunity of hearing to the petitioner, without conducting any proper enquiry or verification of facts, and without considering the long-standing, peaceful possession of the petitioner spanning over two decades. 4 3. Lastly, learned counsel for the petitioner submits that till date, no decision in respect of said application has been taken by the respondent authorities. On one hand, the respondent- authorities are not taking decision upon the application for grant of patta filed by the petitioner and on the other hand, the respondent department are saying to vacate the said land forthwith failing which coercive action shall be taken. 4. On the other hand, learned counsel for the State opposes the relief sought by the petitioner. 5. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. On bare perusal of the record available, it is clear that the Forest Department issued a notice (Annexure P/1) vide dated 06.06.2025 to the petitioner stating therein that the petitioner shall produce the relevant documents relating to the land in question within five days from the issuance of notice. Upon which the petitioner made several application (Annexure P/2) dated 30.05.2025 and 09.05.2025. On 24.06.2025 to the Collector, Balrampur, District Ramanujganj, Chhattisgarh wherein the petitioner requested to consider his application and grant forest rights lease to the petitioner. 7. Looking to the peculiar facts and circumstances of the case 5 and keeping in mind the submission made by the respective counsels, it is clear that the petitioner along with his family members is living in that disputed land over a long period of time and there is no other place for them where they can reside and also looking to the fact that the petitioner since 2006 is continuously filing application in this regard but no action has been taken in respect of the grant of lease/patta. Therefore, this Court directs that concerned respondent authorities to decide the application of the petitioner within three months from the date of receipt of copy of this order in accordance with law. 8. It is also directed that no coercive steps/actions shall be taken against the petitioner till the decision upon the application filed by the petitioner is taken. 9. With the aforesaid direction, the present petition is disposed of. (Arvind Kumar Verma) Judge Sd/- Jyoti