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2026 Supreme(Online)(Chh) 1008

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT. PADMA BAI PATEL – Appellant
Versus
THE STATE OF CHHATTISGARH – Respondent
WPC/167/2026



AJAY KUMAR DWIVEDI DN: cn=AJAY 2026:CGHC:3505 KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF NAFR CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.01.22 12:23:46 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 167 of 2026 Smt. Padma Bai Patel W/o Late Rameshwar Patel Aged About 70 Years R/o Village Salar, Tehsil Sarangarh, District Sarangarh-Bilaigarh C.G., Presently R/o Village Rengalmuda, Gram Panchayat Baigindeeh, Tehsil Sarangarh, District Sarangarh-Bilaigarh C.G.

... Petitioner.

-Versus-

1. The State Of Chhattisgarh Through The Secretary, Department Of Forest And Claimant Change, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur C.G.

2. The Principle Chief Conservator Of Forest Of Chhattisgarh, Aranayan Bhavan, Atal Nagar, Nava Raipur, District Raipur C.G.

3. The Chief Conservator Of Forest, Bilaspur Circle, District Bilaspur C.G.

4. The Divisional Forest Officer, Sarangarh-Bilaigarh Division, District Sarangarh-Bilaigarh C.G.

5. The Incharge Forest Circle Officer, Gomarda Wild Life Sanctuary Sarangarh, District Sarangarh-Bilaigarh C.G.

6. The Forest Compound Guard, Kanakbeera, Tehsil Sarangarh, District Sarangarh-Bilaigarh C.G.

... Respondents.

{cause title downloaded from CIS Periphery}

For Petitioner : Mr. Roop Ram Naik, Advocate.

For Res/State : Mr. Sabyasachi Choubey, Government Advocate.

( Hon’ble Shri Justice Naresh Kumar Chandravanshi )

Order on Board

21/01/2026

1. This Writ Petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

"10.1) That, this Hon'ble Court may kindly be pleased to issued appropriate writs/orders/directions by setting aside the notice dated 23.12.2025 (Annexure P-1)

issued by the respondent No. 5.

10.2) That, this Hon'ble Court may kindly be pleased to issued appropriate writs/orders/directions to the respondent No. 5 to consider the reply dated

29.12.2025 in objective manner.

10.3) That, this Hon'ble Court may kindly be pleased to issued appropriate writs/orders/directions against the respondent No. 5 / respondent state authority to not demolish the house of the petitioner which is not situated in the Government Conserved Demarcated Forest Compartment No. 929 P.F. and the same has been situated in the Aabadi land.

10.4) That, this Hon'ble Court may kindly be pleased to issue any other suitable writ/orders/directions in favour of the petitioner looking to the facts and circumstances of the case."

2. Mr. Roop Ram Naik, learned counsel for the petitioner submits that the petitioner has constructed her house on the Abadi land of Village Salar, Tahsil Sarangarh, District Sarangarh-Bilaigarh since more than 35 years, but respondent No.5 has issued notice (Annexure-P/1) against the petitioner on 23.12.2025 to vacate the said land claiming said land to be part and parcel of Forest Land Compartment No.929. He further submits that various other villagers are residing surrounding the house of the petitioner and other buildings have also been constructed under the Government projects. Further, on 17.01.2022 the Forest Right Committee of Gram Panchayat Salar in its meeting held that land possessed by the petitioner and other villagers are Abadi land, despite that said notice (Annexure-P/1) has been issued. He also submits that the petitioner has submitted reply to the aforesaid notice on 29.12.2025 (Annexure-P/6) but no relief has been given to the petitioner. However, petitioner is ready and willing to file fresh representation before respondents No.4 and 5. Hence, this petition may be disposed of directing respondents/Authority to decide representation of the petitioner and to demarcate land of the petitioner to ascertain as to whether land upon which house of the petitioner is constructed is part and parcel of the land bearing Forest Land Compartment No.929 or Abadi land.

3. Mr. Sabyasachi Choubey, learned State counsel submits that if petitioner will file fresh representation, the same shall be considered and decided in accordance with law.

4. Having regard to

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