AFR NAFRHIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 541 of 2018

1. Smt. Nirmala Toppo died through Lrs.

1(a). Nikolas Toppo, S/o Late Anjelus Toppo, aged about 66 years, 1(b). Anand Toppo, s/o. Nikolas Toppo, aged about 27 years, 1(c). Punit Toppo, Nikolas Toppo, aged about 25 years, All are R/o village- Kumdewa, Tahsil Udaipur, District- Surguja, Chhattisgarh.

1(d) Smt. Poonam Pratima Toppo, D/o Nikolas Toppo, w/o Anup Lakda, aged about- 38 years, r/o village Madaikona, Tahsil, Post Office and Police Station- Chainpur, District Gumla, Jharkhand.

----- Petitioners Versus

1. State of Chhattisgarh, through the Secretary, Scheduled Caste and Scheduled Tribe Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. The Collector/Chairman, District Level Right of Forestation Committee Surguja, Chhattisgarh.

3. Assistant Commissioner, Tribal Development, Ambikapur, District Surguja, Chhattisgarh.

4. Divisional Forest Officer, Forest Division Surguja, Ambikapur, Chhattisgarh.

5. Tahsildar, Tahsil Udaipur, District Surguja, Chhattisgarh.

---- Respondents (Cause Title is taken from Case Information System)

For Petitioners : Mr. Ashok K. Shukla, Advocate and Mr. Ashutosh Rathore, Advocate For State : Mr. Shashank Thakur, Deputy Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

14.03.2024

1. By way of this petition, the following relief(s) have been sought:-

“10.1 This Hon’ble Court may graciously be pleased to issue a writ of certiorary/mandamus or of like nature to quash the impugned order dated 30.01.2017 and order dated 08.11.2017 (Annexure P/1 & P/2), reinstating the lease/Van Adhikar Patta of the petitioners with suitable direction to protect her rights.

10.2 Command /direction may kindly be issued to call for the entire records pertaining to the case for the kind perusal of this Hon’ble Court.

10.3 Any other relief, which is deemed fit and proper, may also be awarded to the petitioner including the cost of the petition.”

2. During the pendency of this petition, the sole petitioner (Smt. Nirmala Toppo) expired on 10.02.2021, and her legal representatives have been brought on record as the petitioners.

3. The facts of the present case are as follows:-

a. The original petitioner was a member of the aboriginal tribe and she was staying along with her family in a scheduled area at Village Kumdewa, Tahsil Udaipur, District Surguja.

b. An application was moved by the original petitioner for the grant of ‘forest right lease’ concerning land bearing survey No. 233/1, admeasuring 2.558 hectares, situated at the said village on the ground that she remained in possession of the land for a considerable period, and a dwelling house was also constructed on some part of the land, which is being used for residential purposes by her and her family. The application of the petitioner was registered by the competent authority and after due scrutiny, the ‘forest right lease’ was granted on 15.01.2012, in her favour.

c. A complaint was made against the original petitioner to the effect that the aforesaid ‘forest right lease’ has been granted against the grazing land, which has been recorded as Chote Jhad Ka Jungle/grazing land in the revenue records.

d. An enquiry was conducted, and statements of the witnesses including the original petitioner were recorded by the concerned authority, thereafter, the Committee/concerned authority cancelled the said ‘forest right lease’ granted in favour of the petitioner.

4. The petitioner has challenged the order dated 30.01.2017 issued by the District Level Forest Right Committee, (for short, the Committee), comprising of the Collector cum Chairperson of the District Level Forest Right Committee, Assistant Commissioner, Tribal Development, Ambikapur and Divisional Forest Officer, Surguja Forest Division, whereby the ‘forest right lease’ (for short, the lease), granted in favour of the original petitioner, has been cancelled.

5. Mr. Ashok Shukla, learned counsel appearing for the legal heirs of