Madan S/o Mangra Aged About 35 Years Caste - Korwa, R/o Village - Bairdih v. 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya
Case Details
1 2025:CGHC:45548 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4736 of 2025 Madan S/o Mangra Aged About 35 Years Caste - Korwa, R/o Village - Bairdih, P.S. Chando, Tahsil - Kusmi, District - Balrampur- Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - The Collector Balrampur, District Balrampur-Ramanujganj Chhattisgarh 4 - Divisional Forest Officer (Dfo) Balrampur Forest Division, Balrampur, District Balrampur-Ramanujganj Chhattisgarh 5 - Sub-Divisional Officer (Revenue) Balrampur, District Balrampur- Ramanujganj Chhattisgarh 6 - Forest Range Officer Forest Range Kusmi, District Balrampur- Ramanujganj Chhattisgarh ---- Respondents For Petitioner For State
Legal Reasoning
: Mr. Shrikant Kaushik, Advocate : Ms. Poorva Tiwari, PL 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/09/2025 1. By way of this petition, petitioner sought following relief(s) : “10.1 This Hon'ble Court may kindly be pleased to quash and set aside the impugned notice dated 08.07.2025 issued by the Respondent Forest Department in relation to the land situated in Compartment No.P-3163, Village Bairdih, Tahsil Kusmi, District Balrampur Ramanujganj (C.G.), being illegal, arbitrary, violative of the principles of natural justice, and without authority of law. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent department to consider and deice the application dated 25.08.2025 of the petitioner filed before the them for grant of Van Adhikar Patta in respect of said within some stipulated period. 10.3 This Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner contended that the petitioner is poor and landless resident of Village Bairdih, Tahsil Kusmi, District - Balrampur Ramanujganj (C.G.), against the notice dated 08.07.2025 (Annexure P/1) alongwith notice dated 06.06.2025 issued by the Forest Department. The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No. P 3163 and directs him to produce valid document in respect of said land within a period of 05 days. The petitioner has filed application dated 25.08.2025 before the Collector, Balrampur stating all facts and 3 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 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. He further contended that since the petitioner's forefather have possessed the said land since last 30-40 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. Now only this, 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 for grant of Van Adhikar Patta were kept in abeyance by the respondent department. All of sudden, the respondent department has issued notice dated 08.07.2025 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. Hence, this petition. 4 3. Learned State counsel contended that only notice issued to the petitioner to produce valid document within five days vide Annexure P/1 by the Forest Department, therefore, the petitioner should produce the same. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering the facts of the case and submission made by counsel for the respective parties. On perusal of the records, it is crystal clear that the Forest Department issued a notice to the petitioner on 08.07.2025 (Annexure P/1) alleging illegal construction of house on compartment No.P-3163 situated at R/o Village - Bairdih, P.S. Chando, Tahsil – Kusmi, and directed the petitioner to produce valid document in respect of said land within a period of 05 days. Further considering the submission made by counsel for the petitioner that the petitioner belongs to Scheduled Tribes community and he is residing over the said land since long along with his family members and he is a landless person and the petitioner. The petitioner has filed application dated 25.08.2025 (Annexure P-2) before the Collector, Balrampur stating all facts and he has claimed for grant of Van Adhikar Patta of the said land in which, the petitioner is in residing alongwith his family, but till date, no decision in respect of said application has been taken by the respondent authorities. 5
Decision
6. In view of the above, the instant petition is disposed of with direction to Respondent No.3 – Collector, Balrampur, District Balrampur – Ramanujganj (C.G.) to decide the application dated 25.08.2025 (Annexure P-2) submitted by the petitioner for grant of Van Adhikar Patta of the subject land, i.e, compartment No.P-3163 situated at R/o Village - Bairdih, P.S. Chando, Tahsil – Kusmi, District Balrampur- Ramanujganj (C.G.) within an outer limit of ‘90 days’ from the date of receipt of copy of this order, in accordance with rules, regulations and law. 7. Till the decision of application Annexure P/2, no coercive action shall be taken against the petitioner with respect to subject land. 8. It is made clear that this Court has not expressed any opinion on the merits of the case. 9. With the aforesaid observation and direction, the instant petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant