Md. Ejaz Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan, Atal Nagar Raipur, District Raipur (C.G.)

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2 - The Collector Ambikapur District Surguja (C.G.)

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3 - Sub- Divisional Officer (Revenue)- Pratappur District Surguja (C.G.)

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4 - The Tahsildar Pratappur District Surguja (C.G.)

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5 - President Forest Right Committee Village Amandon, Gram PanchayatAmandon, Tahsil- Pratappur, District Surguja (C.G.)

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... Respondents

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For Petitioner : Mr. AK Yadav, Advocate For Respondents/State : Mr. Anadi Sharma, Panel Lawyer

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(Hon'ble Mr. Justice Naresh Kumar Chandravanshi)

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Order On Board

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12.02.2026

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1. The petitioner has preferred instant writ petition under Article 226 of the Constitution of India, seeking following reliefs :-

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10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present Petitioner from the Respondent authorities concerned for kind perusal.

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Digitally signed by BINI BINI PRADEEP PRADEEP Date: 2026.02.13 10:35:57 +0530

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10.2 The Hon'ble High Court may kindly be pleased to issue writ / writs, order / orders, direction / directions, thereby setting-aside impugned order Dt. 23.01.2026 (ANN P-1), issued by the Respondent No.04, in the interest of justice.

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10.3 That this Hon'ble court may further be pleased to direct the respondent authority to grant the lease to the petitioner or pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.

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10.4 Pass any other order under the facts and circumstances of the case, in the interest of justice.

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2. Learned counsel for the petitioner submits that after cutting small shrub forest, grand father of the petitioner namely Gulam Rasul developed land for agricultural purpose and livelihood and he also constructed house for abode, on the land bearing Khasra No.307 area 0.50 hectare out of 1.44 hectare and Khasra No.308 area 0.10 hectare, out of 0.30 hectare situated at village Amandon, Tahsil Paratappur Distt. Surguja (CG) about 65 years ago. After the death of Gulam Rasul, his son Abdul Rauf came into possession of aforesaid land. After the death of Abdul Rauf, his son/petitioner has been in possession of the aforesaid land and has also constructed house thereon. Learned counsel for the petitioner next submits that Civil Suit bearing No.42A/1996 was also filed by father of the petitioner for declaration and permanent injunction in respect of land bearing Khasra No.307 area 0.202 hectare. Name of his father is recorded in the encroachment register (Annexure-P/4) and encroachment proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 1959 were also registered against father of the petitioner. Learned counsel for the petitioner further submits that father of the petitioner had filed an application for grant of lease and a resolution was passed by the Gram Panchayat in his favour in this regard.

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However, the lease has not been granted in favour of the petitioner. Learned counsel for the petitioner submits that since the petitioner has been in possession of the said land for the past 60-65 years, therefore, he is entitled to get forest right on the said land, to which the petitioner is ready to file appropriate application before concerned village panchayat for grant of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, (for short ‘Act 2006’) hence, it is prayed that this petition may be disposed of by granting liberty to the petitioner to file aforesaid application.

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3. Learned counsel for the respondents/State submits that in the event of filing of the application by the petitioner, the same shall be considered and decided in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the aforesaid facts of the case, I find it appropriate to dispose of this writ petition, at this stage, permitting the petitioner to submit application before the Village Committee constituted under the Act 2006 and relevant Rules framed thereunder, within a period of 15 days from today, along with a copy of order passed by this Court and in the event the petitioner submits such application, concerned authority shall consider the claim of petitioner in accordance with the law keeping in mind the provision under the Act of 2006 and Rules framed thereunder, within a further period of 6 months from the date of receipt of the application.

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6. Till the decision is taken on the application to be submitted by the petitioner before Village Committee for grant of forest rights, status-quo as it exists today, in respect of aforesaid land, shall be maintained by the parties till disposal of the application filed by the petitioner.

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7. It is further observed that if petitioner fails to submit appropriate application within15 days from today, along with all necessary documents, then, interim protection granted to the petitioner will lose its efficacy.

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8. With the aforesaid observations, the writ petition stands disposed of.

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9. Pending interlocutory applications, if any, stands disposed of.

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Sd/- (Naresh Kumar Chandravanshi) Judge

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Bini

Md. Ejaz v. State of Chhattisgarh

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Md. Ejaz v. State of Chhattisgarh

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