In a writ petition, the High Court of Chhattisgarh directed the State authorities to decide the petitioner's pending application for forest rights under the 2006 Act within four months, without commenting on the merits of the case.
Direction to the concerned authority to decide the pending application for forest rights within four months.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1834 of 2024
Kalawati W/o Shri Ram, D/o Sukhdev Aged About 70 YearsR/o Village Sonhat, Tahsil Sonhat, District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner
Versus
1. The State Of Chhattisgarh Through Secretary, Forest Department, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh
2. The Collector Koriya Baikunthpur C.G.
3. Sub Divisional Officer (R) Sonhat, District : Koriya (Baikunthpur), Chhattisgarh
4. Gram Panchayat Through Its Secretary, Gram Panchayat Sonhat, District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents
(Cause-title is taken from Case Information System)
-----------------------------------------------------------------------------------------------------------------------For Petitioner : Mr. Parag Kotecha, Advocate.
For Respondents : Mr. Shubham Bajpayee, P. L.
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
02.04.2024
1. By way of this petition, petitioner has sought following relief(s):-
“10.1. To direct the respondents to consider the application date 16/ 9/2020 submitted under the Act 2006 for grant of Rights over the property situated at Khasra No. 611 Rakba 1.48 Hectare at Village Sonhat (Ghumadad) Distt. Koriya within the period of 30 days.
10.2. Any other relief which the Hon'ble court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may awarded in favour of the petitioner.”
2. Learned counsel for the petitioner would submit that an application moved by petitioner for grant of forest right on land bearing S. No. 611 ad-measuring 1.48 hectares situated at Village Sonhat (Ghumadad) Dist.-Koriya is pending before the Collector, Dist.-Koriya Baikunthpur, i.e. respondent no. 2 since 16.09.2020 but till date, same has not been decided. He would submit that the authority
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ought to have decided the application in accordance with provisions of Section 4 of The Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
3. On the other hand, learned counsel for State would oppose.
4. Heard learned counsel for parties.
5. Taking into consideration the fact that application moved by the petitioner is pending before the Collector, Dist.-Koriya Baikunthpur since 16.09.2020, therefore, without commenting anything on the merits of the case, instant writ petition is disposed of with a direction to the concerned authority to decide the pending application moved by petitioner strictly in accordance with provisions of Section 4 of the Act, 2006 preferably within a period of four months from date of receipt of copy of this order.
6. With the aforesaid observation(s) & direction(s), instant writ petition stands
Sd/-
(Rakesh Mohan Pandey) Judge
Ajinkya
1 issue framed by the court
Whether the writ petition should be disposed of by directing the concerned authority to decide the pending forest rights application within a specified time frame without commenting on merits.
1 provisions across 1 enactments
Kalawati W/o Shri Ram
The State Of Chhattisgarh
The Collector Koriya Baikunthpur
Sub Divisional Officer (R) Sonhat
Gram Panchayat Sonhat
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
