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2025 Supreme(Online)(Chh) 10976
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Madan S/o Mangra – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 4736 of 2025
For the Appellants/Petitioners: Mr. Shrikant Kaushik
For the Respondents: Ms. Poorva Tiwari
Eviction notices must be preceded by fair hearing and due consideration of long-standing possession rights.
Headnote:(A) Relevant laws concerning land rights and forest regulations reviewed - The court emphasized the right to fair hearing and lawful possession for residents.
(B) The court addressed wrongful eviction without prior notice, observing that the petitioner has longstanding rights and needs a decision on their application.
(C) Details of the case revealed the petitioner's long-standing residence and investment in the property under dispute.
(D) Main issues included the validity of notice for eviction and the lack of decision on a pending application for land rights. (E) The court directed the Collector to decide on the patta application within 90 days, highlighting the importance of procedural fairness.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. importance of fair consideration in land rights petitions. (Para 2 , 5) |
| 2. respondent's obligation to respect procedural fairness. (Para 3) |
| 3. need for authority to make timely decisions on pending applications. (Para 4 , 6 , 8) |
| 4. final orders and observations on merits. (Para 9) |
Order on Board
08/09/2025
1. By way of this petition, petitioner sought following relief(s) :
“10.1 This Hon'ble Court may kindly be pleased to quash and set aside the impugned notice dated 08.07.2025 issued by the Respondent Forest Department in relation to the land situated in Compartment No.P-3163, Village Bairdih, Tahsil Kusmi, District Balrampur Ramanujganj (C.G.), being illegal, arbitrary, violative of the principles of natural justice, and without authority of law.
10.2 This Hon'ble Court may kindly be pleased to direct the respondent department to consider and deice the application dated 25.08.2025 of the petitioner filed before the them for grant of Van Adhikar Patta in respect of said within some stipulated period.
10.3 This Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”
2. Learned counsel for the petitioner contended that the petitioner is poor and landless resident of Village Bairdih, Tahsil Kusmi, District - Balrampur Ramanujganj (C.G.), against the notice dated 08.07.2025 (Annexure P/1) alongwith notice dated 06.06.2025 issued by the Forest Department. The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No. P 3163 and directs him to produce valid document in respect of said land within a period of 05 days. The petitioner has filed application dated 25.08.2025 before the Collector, Balrampur stating all facts and he has claimed for grant of Van Adhikar Patta upon the said land in which, the petitioner is in occupant alongwith his family. Till date, no decision in respect of said application has been taken by the respondent authorities. On the one hand, they are not taking decision upon the application for grant of patta filed by the petitioner and on the other hand, respondent department are saying to vacate the said land forthwith, failing which coercive action shall be taken. He further contended that since the petitioner's forefather have possessed the said land since last 30-40 years and they have invested huge amount for construction of house for residential purpose and now the petitioner and his family members are residing in the said house except this there is no other house or land of the petitioner. Now only this, the petitioner is continuously filing or demanding Van Adhikar Patta of the said land from the respondent department but till date, they are not giving any heed to his demand or application for grant of Van Adhikar Patta were kept in abeyance by the respondent department. All of sudden, the respondent department has issued notice dated 08.07.2025 to the petitioner. Further, they are ready to demolish the house of the petitioner instead of deciding the application for grant of Patta which has already been kept pending by respondent department. The said notice has been issued without affording any opportunity of hearing to the petitioner, without conducting any proper enquiry or verification of facts, and without considering the long-standing, peaceful possession of the petitioner spanning over two decades. Hence, this petition.
3. Learned State counsel contended that only notice issued to the petitioner to produce valid document within five days vide Annexure P/1 by the Forest Department, therefore, the petitioner should produce the same.
4. I have heard learned counsel for the parties and perused the documents with utmost circumspection.
5. Considering the facts of the case and submission made by counsel for the respective parties. On perusal of the records, it is crystal clear that the Forest Department issued a notice to the petitioner on 08.07.
