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2025 Supreme(Online)(Chh) 8459
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Ramjanam Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 3916 of 2025
For the Appellants/Petitioners: Mr. A.N. Pandey
For the Respondents: Mr. Saumitra Kesharwani, PL
The court mandated a timely decision on a pending land rights application, emphasizing the importance of maintaining status quo during the process.
Headnote:(A) Relevant legal provisions concerning land rights and eviction notices were addressed. The court emphasized the necessity for timely decisions on pending applications for land rights. (Paras 2, 4)
(B) The petitioner claimed possession of land for an extended period and sought a decision on his application for Van Adhikar Patta, which was pending. (Paras 2, 4)
Facts of the case:
The petitioner has been in possession of the subject land and constructed a house, but faced eviction despite pending proceedings for land rights. (Paras 1, 2)
Findings of Court:
The court directed the authorities to decide the petitioner's application for Van Adhikar Patta within 90 days while maintaining the status quo. (Paras 4)
Issues: The main issue was the pending application for land rights and the implications of eviction during this process. (Paras 2, 4)
Ratio Decidendi: The court ruled that the authorities must decide the pending application for land rights, emphasizing the importance of resolving such matters promptly. (Paras 4)
Result: The writ petition was disposed of with directions to the authorities.
Order on Board
28/07/2025
1. The instant petition has been filed being aggrieved with the notice dated 13.06.2025 (Annexure P-7) issued by respondent No.8- Range Assistant, Forest Range, Balrampur, whereby the petitioner has been directed to be evicted from the subject land and residential house constructed on the land bearing compartment No.424, Rakba 5 acre, situated at Vilalge Daldhowa, Tahsil Balrampur, District Balrampur Ramanujganj (CG) despite the fact that the petitioner is in possession of the said land since a long period.
2. The brief facts of the case as projected by the petitioner is that the petitioner is in possession of the subject land since long period and he has constructed a residential house on some portion of the land and residing with his family and on rest of the land he is cultivating the land regularly. The proceedings of grant of Van Adhikar Patta of the subject land initiated by the Panchayat Level Committee- Village Panchayat Lawa and after enquiry Panchayat Level Committee has found the petitioner to be eligible for grant of Van Adhikar Patta and sent the same to Respondent No.4 i.e. Divisional Level Van Adhikar Samiti-Ramanujganj, District Balrampur-Ramanujganj which is still pending. During pendency of the proceeding for grant of Van Adhikar Patta of the subject land in the name of Petitioner, Respondent No.8 issued notice to the petitioner on 13.06.2025 and directed to submitted the entire documents of the land otherwise, he has remove the petitioner from the subject land and after notice, petitioner submitted the reply and stated that the application for grant of patta of the subject land is pending and he has also filed an repeated application for grant of patta but the forest authorities have not consider the reply filed by the petitioner and directed to vacate the possession from the subject land and restrain the petitioner from cultivating of land and treated the petitioner as encroacher of the subject land and trying to dispossessed the petitioner from the subject land and if he has been dispossessed from the subject property then he will suffer irreparable loss and injury. It is submitted that the entire claim of the petitioner is depend on the proceeding for Grant of Van Adhikar Patta of the subject land and the proceeding is still pending and till date he has not decided the claim of the petitioner and the respondent no.3 has already granted the Van Adhikar patta to the similarly situated person in the same village and some portion of the same subject land. Hence the petitioner filed the instant petition before this Hon'ble Court for specific direction to the respondent no. 3 & 4 to decide the claim of the petitioner for grant of Van Adhikar patta of the subject land within specific period This Hon'ble Court was please to consider and passed the order in similar case vide order dated 3.3.2025 passed in W.P (C) no. 1118/2022 and vide order dated 20.6.2025 passed in W.P (C) no. 3073/2025 and the case of the petitioner is similar. Hence this petition.
3. Learned State counsel submits that he has no objection in deciding the claim of Van Adhikar Patta of the petitioner.
4. Considering the submission made by learned counsel for the respective parties, the ends of justice would be served if the present petition is disposed of directing the Respondent Authorities i.e. Respondents No.3 & 4 to consider the application/claim of the petitioner for grant of Van Adhikar Patta, if any pending, and to take any early decision on the said application, subject to meeting all other requisite eligibility criteria and to proceed further within a period of 90 days from the date of receipt of copy of this order. Till the application/claim of the petitioner is decided, the parties are directed to maintain the status -quo, as it exists today.
5. It is made clear that this Court has not expressed any opinion on the merits of this case.
6. With the aforesaid observations, the present writ petition stands disposed of.
