The failure to substantiate eligibility as traditional forest dwellers, alongside non-compliance with procedural mandates, precluded any enforceable rights under the relevant forest rights legislation.

Judgment :

Dr. Sanjeeb K Panigrahi, J.

1. Since common questions of fact and law are involved in the above-mentioned writ petitions, those were heard together and are being disposed of by this common judgment. However, this Court deems it appropriate to treat W.P.(C) No. 14868 of 2022 as the lead case for thepurpose of adjudication.

2. The petitioners in the present Writ Petition have challenged the order/notice dated 06.06.2019 issued by the Sub-Collector, Malkangiri, purportedly under Rule 12(a)(3) and Rule 10 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, as well as the notice issued under Section 6 (1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

I. FACTUAL MATRIX OF THE CASE:

3. Succinctly put, the facts of the case are as follows:

(i) In 1920, Maharaja Vikram Dev granted a parcel of land measuring Ac. 360 situated in Mouza Baribancha by issuing a ROR in favour of the petitioners’ father, late Md. Ismail, who was earning his livelihood by foraging in the adjoining forest.

(ii) In 1973, the Government of Odisha issued an ROR in respect of Ac. 75 out of the said Ac. 360 in favour of the petitioner’s father.

(iii) On learning that forest lands under occupation were being settled under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the petitioner, in January 2019, submitted an application before the Sub-Collector, Malkangiri, seeking verification and issuance of an ROR in his favour.

(iv) On 06.06.2019, the Sub-Collector, Malkangiri, acting under Rule 12(a)(3) read with Rule 10 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, rejected the petitioner’s application and directed him to appear with all supporting documents on 21.06.2019 before the Executive Magistrate-cum-Tahasildar, Motu, Malkangiri. The petitioner submitted all available documents on the said date. However, no further intimation was issued to him for hearing, adducing evidence, or recording his statement.

(v) Subsequently, the Executive Magistrate-cum-Tahasildar, Motu, Malkangiri, issued a notice dated 25.05.2022 under Section 6 (1) of the 2006 Act directing the petitioner to vacate the land within 30 days and imposing a penalty of Rs. 5,000/-.

(vi) Aggrieved thereby, and having no other efficacious remedy, the petitioner has approached this Court seeking appropriate relief.

II. PETITIONERS’ SUBMISSIONS:

4. Learned counsel for the Petitioners earnestly made the following submissions in support of his contentions:

(i) The petitioners submitted that in 1973, the Government of Odisha issued a ROR in respect of Ac. 75 out of a total Ac. 360 in favour of their father, late Md. Ismail. The remaining Ac. 285 continued in his possession and, after his demise, has remained under their continuous cultivation and possession. The said land has been cultivated by the petitioners and their family members for over a century and constitutes their sole means of livelihood.

(ii) The petitioners further submitted that upon learning that forest lands under occupation were being settled under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, they submitted an application in Janua