Subash and Another Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Subash and Another Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2/District Magistrate, Chandauli to consider the petitioners' claim for continuance of possession over the lease land keeping in view the lease terms and the provisions of the Act, 2006, within three months of presentation of certified copy of the order; interim retention of possession by petitioners in possession and protection of the nature of the land till such determination.

Issue for consideration

Whether the petitioners' possession over the lease land is protected under the provisions of the Act, 2006 (Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006), warranting necessary action at the level of District Magistrate. +1 more

Court's answer

Without commenting upon the merits of the case, the Court disposed of the writ petition directing respondent no.2, the District Magistrate, Chandauli, to consider the petitioners' claim for continuance of possession over the lease land keeping in view the terms of the lease as also the provisions of the Act, 2006.

Ratio / Principle

Such consideration by the respondent no.2/District Magistrate, Chandauli was to be made within a period of three months from the date of presentation of certified copy of the order.

Key takeaways

Till such determination is made by the respondent no.2, petitioners, if in possession, are to be allowed to retain their possession over the lease land, and the nature of the land is to be protected.ratio¶10

Detailed headnote1 paragraphs

[Neutral Citation: 2025:AHC:22227-DB | WRIT - C No. - 39996 of 2024 | High Court of Judicature at Allahabad | Hon'ble Ashwani Kumar Mishra, J. and Hon'ble Vipin Chandra Dixit, J. | Decided 17.2.2025] Petitioners asserted that their late father was allotted patta over forest land on 8.12.1978 initially for 30 years, renewed upon deposit of lease rent, and that they belong to Other Backward Class and are permanent forest dwellers relying on Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, submitting that their possession is protected under the Act, that necessary action is warranted at the level of District Magistrate, and that Forest Officers are trying to evict them without initiation of any proceeding. Without commenting upon merits, the Court disposed of the writ petition directing respondent no.2/District Magistrate, Chandauli to consider the petitioners' claim for continuance of possession over the lease land keeping in view the lease terms and the provisions of the Act, 2006, within three months of presentation of certified copy of the order; till such determination, petitioners in possession were allowed to retain possession and the nature of the land was to be protected.

Neutral Citation No. - 2025:AHC:22227-DB

Court No. - 29

Case :- WRIT - C No. - 39996 of 2024

Petitioner :- Subash And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Babu Lal Ram,Pramod Kumar Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.

Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent Nos. 1 to 4 and Sri Bhupendra Kumar Tripathi, learned counsel for respondent no.5.

Petitioners assert that their father was allotted patta over forest land on 8.12.1978 initially for a period of 30 years. This lease was renewed upon deposit of lease rent. It is submitted that the petitioners' father died after constructing the house and the land is being utilized for agricultural and other purposes, for which lease was executed. It is submitted that petitioners otherwise belong to Other Backward Class and are permanent forest dwellers. Reliance has been placed upon provisions of Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006(in short "the Act, 2006") in order to submit that such possession of the petitioners are protected under the Act and necessary action is warranted at the level of District Magistrate. It is submitted that Forest Officers are trying to evict the petitioners without initiation of any proceeding.

Learned counsel appearing for respondents states that such claim would be dealt with by the second respondent in accordance with law.

Without commenting upon merits of the case, we dispose of the writ petition directing the respondent no.2//District Magistrate, Chandauli to consider the petitioners' claim for continuance of possession over the lease land keeping in view the terms of the lease as also the provisions of the Act, 2006. Such consideration would be made within a period of three months from the date of presentation of certified copy of this order.

Till such determination is made, petitioners, if are in possession would be allowed to retain their possession over the lease land, and the nature of the land would also be protected.

Order Date :- 17.2.2025

P.P.

Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad