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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2683 of 2024
1. Nehru Ojha S/o Sombaru Aged About 55 Years R/o Village Daspur,
Gram Panchayat Saibeenkachhar, Tahsil Amlipadar, District
Gariyaband, C.G.
2. Punuram S/o Madan Yadav Aged About 44 Years R/o Village
Pipalkhuta, Gram Panchayat Dhanora, Tahsil Amlipadar, District
Gariyaband, C.G.
3. Bhujbal Netam S/o Gundhar Netam Aged About 40 Years R/o Gram
Panchayat Ghumrapadar, Tahsil Amlipadar, District Gariyaband, C.G.
4. Bhokardhan S/o Ganeshram Aged About 31 Years R/o Gram
Panchayat Ghumrapadar, Tahsil Amlipadar, District Gariyaband, C.G.
5. Chitrashen S/o Ganeshram Aged About 40 Years R/o Gram
Panchayat Ghumrapadar, Tahsil Amlipadar, District Gariyaband, C.G.
6. Sarju S/o Ramjan Aged About 60 Years R/o Gram Panchayat
Ghumrapadar, Tahsil Amlipadar, District Gariyaband, C.G.
7. Uddhav Netam S/o Nakul Netam Aged About 39 Years R/o Gram
Panchayat Ghumrapadar, Tahsil Amlipadar, District Gariyaband, C.G.
8. Parsuram Sori S/o Lakhidhar Sori Aged About 41 Years R/o Village
Pipalkhuta, Gram Panchayat Dhanora, Tahsil Amlipadar, District
Gariyaband, C.G.
9. Mehattar S/o Bansu Aged About 40 Years R/o Daspur, Gram
Panchayat Saibeenkachhar, Tahsil Amlipadar, District Gariyaband,
C.G.
10. Bhojlal S/o Rajaram Aged About 32 Years R/o Daspur, Gram
Panchayat Saibeenkachhar, Tahsil Amlipadar, District Gariyaband,
C.G.
11. Gonchu S/o Dhansai Aged About 45 Years R/o Daspur, Gram
Panchayat Saibeenkachhar, Tahsil Amlipadar, District Gariyaband,
C.G.
12. Narsingh S/o Lachindar Aged About 60 Years R/o Daspur, Gram
Panchayat Saibeenkachhar, Tahsil Amlipadar, District Gariyaband,
C.G.
13. Raviram Netam S/o Nakul Netam Aged About 41 Years R/o Gram
Panchayat Ghumrapadar, Tahsil Amlipadar, District Gariyaband, C.G.
14. Amrit Netam S/o Sonbaru Gond Aged About 60 Years R/o Gram
Panchayat Koyba, Tahsil Amlipadar, District Gariyaband, C.G.
15. Jairam Mandavi S/o Mayaram Mandavi Aged About 41 Years R/o
Daspur, Gram Panchayat Saibeenkachhar, Tahsil Amlipadar, District
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Gariyaband, C.G.
---- Petitioners
Versus
1. State of Chhattisgarh Through The Secretary, Forest Department,
Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, C.G.
2. Deputy Director Udanti Seetanadi Tiger Reserve Gariyaband, District
Gariyaband, C.G.
3. Collector Gariyaband, District Gariyaband, C.G.
4. Divisional Forest Officer Raipur Division, Indagaon (Bafar),
Gariyaband, District Gariyaband, C.G.
---- Respondents
____________________________________________________________
For Petitioners : Mr. Amrito Das, Advocate with Mr.
K.S. Pradhan, Advocate.
For State : Mr. Akhilesh Kumar, GA.
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Hon'ble Shri Justice Sachin Singh Rajput
Order on Board
31/05/2024
1 . By w a y o f th i s w ri t p e ti ti on , p e ti tio n e rs h a ve so u g h t th e
fo ll o wi n g re li e fs :-
“10 .1 Th a t, th i s Ho n ’ bl e Co u rt ma y ki n d l y b e
pl e a se d to qu a sh /se t-a si de the imp u gn e d o rd e r
no ti ce da te d 1 6 .05 .2 0 2 3 (An n e xu re P-1 ) issu e d
b y th e re spo n d en t N o .2 , i n th e i n te re st o f
ju sti ce .
10 .2 . Th a t, th e H on ’ bl e C o u rt ma y ki nd l y b e
pl e a se d to di re ct th e re sp o n de n t au th o ri ti e s to
al l o tmen t o f po sse ssi o n o f la n d a s Va n Adh i ka r
Pa tta w i thi n sti p u la te d ti me , in th e in te re st o f
ju sti ce .
10 .3 . An y a pp ro p ria te wri t, d ire cti o n o r o rde r
ma y al so ki n dl y be p a ssed in fa vo u r o f th e
pe ti ti o n e rs, w hi ch th i s H o n’ b le Co u rt de e ms fi t
in the ci rcu msta n ce s o f th e ca se . ”
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2. Learned counsel for the petitioners submits that present petitioners are
the forest dwellers and residing in the forest for almost 40-50 years.
Many of them are belonging to Scheduled Tribes. Suddenly, a drive
was undertaken by the State Government to evict the forest dwellers.
Notices were issued to many of the forest dwellers, however, some of
them have not been served with notices. The State Authorities are hell-
bent to remove the petitioners from their residents. He further
contended that as per provisions of Section 4 of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 (for short, ‘Act of 2006’), the petitioners may be permitted to
move appropriate application before the concerned District Level
Committee/Gram Panchayat for issuance of the forest rights. Till the
application is decided, petitioners may not be be evicted from their
premises/residents. He also pointed out that many writ petitions having
identical issues have been filed before this Court, (WPC
No.2493/2024) is one of them in which this Court permitted the
petitioners therein to make proper application before the appropriate
Forest Authorities in accordance with the provisions of Section 4 of the
Act of 2006. Hence, he prays for similar relief in this writ petition also.
3. Per contra, learned State Counsel submits that many of the petitioners
not served with the notices as their names have not reflected from
order dated 16.05.2023 (Annexure P-1), therefore, at this stage
petitioners do not have any cause of action to file this writ petition.
However, he fairly admitted that in WPC No.2493/2024 this Court has
permitted the petitioners therein to move appropriate application before
the appropriate Forest Authorities/Authorities.
4. Heard learned counsel for the respective parties.
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5. Be that as it may, from perusal of order dated 09.05.2024 (Annexure
P-3), it appears that similarly situated forest dwellers have been
granted permission to move appropriate application before the
appropriate Forest Authorities/Authorities under Section 4 of the Act of
2006.
6. Admittedly, the petitioners have not moved any applications according
to the provisions of Section 4 of the Act of 2006, but at the same time,
Section 4 (5) of the Act of 2006 subsequently says that “no member of
a forest dwelling Scheduled Tribe or other traditional forest dweller
shall be evicted or removed from forest land under his occupation till
the recognition and verification procedure is complete.” Considering
facts of the case, submissions of learned counsel for the respective
parties, writ petition is disposed of at this stage in terms of the order
dated 09.05.2024 passed in WPC No.2493/2024. Petitioners herein
are permitted to make proper application before the appropriate Forest
Authorities/Authorities in accordance with provisions of Section 4 read
with Section 6 of the Act of 2006 within ‘four weeks’ from today. On
submission of such application, concerned Forest
Authorities/Authorities are directed to considered and decide the same
strictly in accordance with law preferably within an outer limit of ‘06
months’ from the date of receipt of copy of such application.
CC as per rules.
Sd/-
(Sachin Singh Rajput)
Judge
Jamal/-