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2025 Supreme(Online)(Chh) 11003
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Mahendra Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 4710 of 2025
For the Appellants/Petitioners: Mr. Shubham Tiwari
For the Respondents: Mr. Anurag Tripathi
Application for land rights must be decided expediently, respecting long-term possession and existing legal frameworks.
Headnote:(A) Reorganization of Forest Right Adhiniyam 2006 - Application for Grant of Van Adhikar Patta - Petitioner contended possession of land for over 50 years and requested the court to direct authorities to decide the pending application for the same - Court directed timely consideration of the application within prescribed periods and no coercive action till then. (Paras 1-8)
(B) Legal Possession - The petitioner argued possession with investments made for agriculture and construction - Court emphasized the need to follow legal framework in deciding land rights. (Paras 3-6)
Facts of the case:
Petitioner claimed possession of land since 50-55 years, asserting eligibility for land rights as per government policy, and facing threats of dispossession.
Findings of Court:
Petitioner directed to submit fresh application for land rights, to be decided expeditiously without coercive actions in interim.
Issues: The core issue was the recognition of the long-standing possession of the petitioner against threats of dispossession and appropriate legal remedies for pending applications.
Ratio Decidendi: The court maintained that legal rights concerning land must be respected and timely decisions mandated by law must follow, ensuring no unlawful dispossession occurs during proceedings.
Result: Petition disposed of with specific directions to the authorities.
| Table of Content |
|---|
| 1. claim of long-term possession and entitlement for land rights. (Para 2) |
| 2. petitioner's investment in land and house construction supporting legal claim. (Para 3) |
| 3. court's directive for timely consideration and protection from dispossession. (Para 4 , 5 , 6 , 7) |
| 4. overall order for disposition with directions. (Para 8) |
Order on Board
04/09/2025
1. By way of this petition, petitioner sought following relief(s) :
“10.1 That, this Hon'ble court may kindly be pleased to direct the respondent authorities to consider and decide the application for grant of Van Adhikar Patta of the subject land bearing compartment no. 424, rakba 1.5 acre situated at village - Daldhowa, Tahsil- Balrampur, Distt- Balrampur - Ramnujgnaj (C.G)
within stipulated period.
10.2 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not dispossessed the petitioner from the subject land and house till the final decision of the application for grant of Van Adhikar Patta of the subject land of petitioner.
10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.”
2. Learned counsel for the petitioner contended that the subject land bearing compartment no. P-424 situated at village Daldhowa, Tahsil- Balrampur, Distt- Balrampur -Ramnujgnaj (C.G) and the petitioner in possession of the subject land since last 50-55 years and constructed the residential house on some portion of the subject land by the father of petitioner and residing with their family and rest of land, he is cultivating of the land regularly and he has invested the large amount to prepared the land for agriculture purposes and under the scheme of Pradhan Mantri Awas Yojna, house was sanction in the name of petitioner and constructed the house upon the said land. It is submitted that Gram Panchayat - Maheshpur issued the panchnama regarding possession of the petitioner upon the subject house and land since last 55 years and as per policy of issued by the Govt. under the Schedule Tribes and other Prampragat Van Niwasi ( Reorganization of Forest Right Adhiniyam 2006) petitioner is eligible for grant of patta and the petitioner has made an application for grant of patta of the subject land to the respondent no. 3 which is still pending. It is further submitted that the concern authority has already granted the Van Adhikar patta to the similarly situated person in the same village and in the same compartment. It is submitted that the respondent no.8 issued notice to the petitioner on dated 13.6.2025 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 detail 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 to 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 pending application for Grant of Van Adhikar Patta of the subject land and the same is still pending before the respondent no.3 whereas 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 subject land. Hence the petitioner filed the instant petition before this Hon'ble Court for specific direction to the respondent no. 3 to decide the application for grant of Van Adhikar patta of the subject land within specific period. This Hon'ble Court was please to consider and decided the similar case vide order dated
29.7.2025 passed in W.P (C) no. 3886/2025. Hence this petition.
3. Learned State counsel contended that the petitioner m
