Ravi Chandra vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ravi Chandra vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued with disposal of the writ petition: parties to appear before the Forest Settlement Officer, who is to decide restoration and, if the suit is restored or deemed fitly restorable, petitioner's interim protection claim; status quo in petitioner's possession maintained till two weeks after 28th April, 2025.

Issue for consideration

Whether petitioner, claiming long possession over Gata no.1544 (1.3790 hectare) and Gata no.240 Cha (4.5250 hectare) at village Jogendra, district Sonbhadra, should be protected from dispossession by the forest authorities pending adjudication before the Forest Settlement Officer. +1 more

Court's answer

If the suit stood earlier restored — and equally if the authority deems fit to allow the restoration — the Forest Settlement Officer will proceed to decide petitioner's claim for protection as an interim measure.

Ratio / Principle

Mere information regarding pendency of a case cannot be sufficient evidence to conclude restoration of a dismissed suit; petitioner having not disclosed the restoration order, the Court relied on the Standing Counsel's submission that the restoration application was fixed for 28th April, 2025.

Key takeaways

The parties were directed to appear before the Forest Settlement Officer and raise their respective contentions, and the Forest Settlement Officer will decide on the restoration.ratio¶¶9
Status quo was ordered to be maintained in respect of petitioner's possession till two weeks after 28th April, 2025, with parties to be ready on both the restoration and the claim for interim protection.ratio¶¶9

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 9071 of 2025, Allahabad High Court, DB, decided 21.4.2025) of Ravi Chandra, claiming long possession over Gata no.1544 (1.3790 ha) and Gata no.240 Cha (4.5250 ha) at village Jogendra, district Sonbhadra, against dispossession by forest authorities. Since petitioner produced no restoration order for his dismissed suit no.783/724 of 2008 (Ravi Chandra Vs. Forest Department), the Court accepted the State's position that the restoration application was fixed for 28.04.2025. Parties were directed before the Forest Settlement Officer to raise contentions; he is to decide restoration and, if the suit is earlier restored or he deems fit to allow restoration, to decide petitioner's claim for interim protection; parties must be ready on both counts. Status quo in petitioner's possession ordered till two weeks after 28.04.2025; petition disposed of.

Neutral Citation No. - 2025:AHC:58813-DB

Court No. - 39

Case :- WRIT - C No. - 9071 of 2025

Petitioner :- Ravi Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Narayan Singh,Vikas Singh Counsel for Respondent :- C.S.C.

Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.

Mr. Satyendra Narayan Singh, learned advocate appears on behalf of petitioner and submits, his client has been in possession since long. The forest authorities are taking steps to dispossess him in respect of Gata no.1544 measuring 1.3790 hectare and Gata no.240 Cha measuring 4.5250 hectare situate at village Jogendra in district Sonbhadra. His client filed suit no.783/724 of 2008 (Ravi Chandra Vs. Forest Department) claiming relief of protection. In spite thereof, the authority is moving against his client. He seeks interference.

Mr. Mohan Srivastava, learned advocate, Standing Counsel appears on behalf of State and submits, his instructions are, the suit stood dismissed. The restoration application is due to be taken up on 28^th April, 2025. Mr. Singh replies with reference to page no.42, the suit stands restored.

Information sought regarding pendency of a case cannot be sufficient evidence to conclude restoration of a dismissed suit. Petitioner has not disclosed the restoration order. In the circumstances, we rely on Mr. Srivastava's submission that the restoration application is fixed for 28^th April, 2025.

Parties are directed to appear before the Forest Settlement Officer and raise their respective contentions. The Forest Settlement Officer will decide on the restoration. However, in case the suit stood earlier restored, the Forest Settlement Officer will proceed to decide on petitioner's claim for protection, as an interim measure. This the authority will also do in case it deems fit to allow the restoration. We make it clear parties will have to be ready on both the restoration as well as claim for interim protection. Till two weeks after 28^th April, 2025, status quo be maintained in respect of petitioner's possession.

With above directions, the writ petition is disposed of.

Order Date :- 21.4.2025 Gurpreet Singh

(Arindam Sinha, J.)

(Avnish Saxena, J.)

Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad