Single judge order directing collector to decide pending patta representation under Forest Rights Act rules within three months as per petitioner's limited relief; disclaimer on merits follows. Firefighting/wagering not applicable here.
Collector to decide pending patta representation or refer to competent authority within three months.
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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 2nd OF AUGUST, 2023
WRIT PETITION No. 17800 of 2023
BETWEEN:-
ISHWAR S/O SHRI JHAMMAL GOND, AGED ABOUT 43 YEAR S , OCCUPATION: FARMER VILLAGE KOHKA TEHSIL KURAI DISTRICT SEONI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI BAL KISHAN CHOUDHARY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER, TRIBAL WELFARE DEPARTMENT 26, GANDHI BHAWAN, DISTRICT BHOPAL (MADHYA PRADESH)
3. COLLECTOR, SEONI DISTRICT SEONI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE )
This petition coming on for admission this day, the court passed the following:
ORDER
The petitioner by the instant petition is asking for a limited relief that his representation regarding grant of patta over the land in which he is claiming his possession since long be directed to be decided by the respondent/authority. He submits that he is entitled to get patta of the said land in view of the
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provisions of Rule 1(1) of Chapter 1 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Rules.
I n view of aforesaid submission, the Collector Seoni is directed to consider the pending representation of the petitioner and pass an appropriate order or he may also refer the matter to the authority which under the provisions of Act of 2006 is competent to take decision in respect of the claim of the petitioner. The aforesaid exercise be completed within a period of three months from the date of submitting certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the
merits of the matter.
The petition is accordingly disposed of finally.
(SANJAY DWIVEDI)
JUDGE
RAGHVENDRA
RAGHVENDRA
SHARAN
SHUKLA
2023.08.03
13:23:41 +05'30'
2 issues framed by the court
Whether the Collector Seoni is directed to consider the petitioner's pending representation for grant of patta within three months.
Whether the matter can be referred to the competent authority under the Forest Rights Act, 2006.
1 provisions across 1 enactments
Ishwar S/o Shri Jhammal Gond
The State of Madhya Pradesh Through Secretary Revenue Department
The Commissioner Tribal Welfare Department
Collector Seoni District
Sanjay Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
