Sukhdev Rajwade Vs the State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2023 of 2025

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1 - Sukhdev Rajwade S/o Jairam Rajwade Aged About 60 Years Occupation Cultivator, R/o Village Latori (Bhandarpara) P.S. Jainagar Tehsil And Distt. Surajpur, C.G.

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2 - Nan Bai W/o Sukhdev Ram Aged About 55 Years Occupation Housewife, R/o Village Latori (Bhandarpara) P.S. Jainagar Tehsil And Distt. Surajpur, C.G.

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... Petitioner(s)

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versus

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1 - The State Of Chhattisgarh Through The Secretary Department Of Forest Mahanadi Bhawan New Raipur (C.G.)

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2 - The Collector District Surajpur (C.G.)

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3 - The Sub Divisional Officer Surajpur, District Surajpur (C.G.)

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4 - The Tahsildar Tehsil Latori, District Surajpur (C.G.)

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5 - Gram Panchayat Latori Tehsil Latori District Surajpur C.G. Through The Sarpanch.

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... Respondent(s)

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(Cause-title is taken from Case Information System)

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For Petitioner	: Mr. Ashok Kumar Shukla, Advocate
For State	: Mr. Santosh Bharat, Panel Lawyer

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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24/04/2025

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Petitioners have filed this writ petition seeking following reliefs :-

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Digitally signed by SHAYNA KADRI

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“10.1 This Hon'ble Court may graciously be pleased to issue a writ of Mandamus/Certiorari or of like nature to the respondents to consider upon the allotment/settlement of the subject land in favour of

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the petitioners fulfilling all the formalities from the Gram Sabha and further to grant the lease under the act of 2006 with suitable direction within stipulated period.

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10.2 That, a command/direction may kindly be issued to the respondent authorities not to take any action for the removal of the possession of the petitioners over the subject land and house till the finalization of the claim of the petitioners as to allotment.

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10.3 Any other relief which is deemed fit and proper may also be awarded to the petitioners along-with the cost of the petition.”

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Facts of the case, in a nutshell, are that the petitioners, permanent residents of Village Latori, Tehsil Latori, District Surajpur (C.G.), have occupied Government land belonging to the Forest Department (Survey No. 1025, area 1.208 hectares) for approximately 75 years. They have constructed a residential house on a portion of the land and cultivate the rest for their livelihood. In 2019, the petitioners applied for a Government lease and settlement/allotment of the land in their names. The concerned Tahsildar initiated the process, calling for a detailed report from the Revenue Inspector. However, instead of finalizing the allotment, the revenue authorities unexpectedly initiated ejectment proceedings against the petitioners in 2024, threatening to demolish their house and occupied premises if not vacated.

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Learned counsel for the petitioners submits that proceedings for grant of lease under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are pending before the Tahsildar, Latori, District Surajpur since 2019. However, without considering this aspect, the Tahsildar has initiated eviction proceedings against the petitioners vide order dated 02.02.2024 and 24.09.20524. Learned counsel for the petitioners prays that the eviction order be quashed, given the pending lease proceedings before the concerned authority. However, at this stage, learned counsel for the petitioners is praying for limited relief seeking a direction to

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the concerned respondents to consider the case of petitioners and to decide the same within some stipulated period.

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Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioners seeking a direction to the concerned respondents, he is having no objection.

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I have heard the learned counsel for the respective parties.

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Considering facts and circumstances of the case, in particular, the fact that the proceedings are lying pending before the Tahsildar and thereafter, after preliminary enquiry, the matter will be sent to the concerned District Level Committee as stated under Section 7 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, as such, the Collector, Distt. - Surajpur is directed to direct the concerned authorities to conclude the proceedings within a period of three months and to decide the case of petitioners. Till decision on the application submitted by the petitioners for settlement of forest land, the petitioners may not be removed from the land and house in dispute, however, it is made clear that this will not give any right to the petitioners and this order has been passed without entering into the merits of the case. The concerned Committee as well as the authorities are required to pass appropriate order on the merits of the case.

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With this observation and direction, this writ petition stands disposed of.

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Sd/-

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( Amitendra Kishore Prasad )

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JUDGE

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Shayna

Sukhdev Rajwade v. the State of Chhattisgarh

Case brief

What is this about?

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Sukhdev Rajwade v. the State of Chhattisgarh

Case brief

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