IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 29140 of 2021 KOMAL AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Mudit Goswami - Advocate for the petitioners.

Shri Sanjay Kushwah - Govt. Advocate for respondents No.1 to

6/State.

Shri Himanshu Pathak - Advocate for respondents No.7 & 8.

Reserved on : 05/02/2026 Delivered on : 10/02/2026 ORDER Heard on the question of admission and final disposal with the consent of parties.

The instant writ petition filed under Article 226/227 of the Constitution of India seeks the following reliefs:

"(a) That, the respondent may kindly be directed to consider the petitioners representation regarding issuing the bhooswami right certificate/patta in the light of the provision as provided under Section 3 of the Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984.

(b) That, the respondent be restrain the respondent to not to the dispossessed the petitioner from their land.

(c) That, any other just and proper relief, warranting under the facts and circumstances of the case be also given to the petitioners, including cost, in the ends of justice."

2. Learned counsel appearing for the petitioners submits that the petitioners being landless persons residing at Village Balrampur, Tehsil Lateri, District Vidisha (M.P.) are in possession of forest land bearing survey No.P-361 area 1.664 hectares and they possessed the said land since last more than 40-42 years and cultivated the land which is their sole source of income. Initially, their rights over the land were admitted by the State authorities. However, now, the forest authorities are trying to interfere into the peaceful possession of the petitioners and are trying to dispossess them.

Therefore, the need to file the writ petition arose.

3. Counsel for the petitioners further submits that in terms of Section 3 of the Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984, the petitioners since have been cultivating the land in question even prior to the enforcement of Forest Conservation Act 1980. The petitioners are entitled for grant of patta rights over the lands in question under the State Act of 1984.

4. Learned counsel further places reliance on the judgment of the Apex court in the case of State of Bihar vs. Banshi Ram Modi and Others 1985 AIR 814, to contend that if the petitioners have been permitted deforestation activity over the forest area prior to the Forest Conservation Act 1980 coming into force, then the said act would have no applicability on the rights of the petitioners as has been held by the Apex Court in the case of Banshi Ram Modi (supra).

5. On the other hand, learned counsel appearing for the State submits that since the land in question is falling within the forest compartment of Village Balrampur, Tehsil Lateri, District Vidisha, the said land along with other lands falling within the forest compartment have been allotted to respondent No.7 vide notification dated 20.01.2005 for reforestation activities and therefore, the petitioners are not entitled for grant of any rights on the land in question and the State Act of 1984 would have no applicability on the land in question.

6. On the other hand, counsel appearing for respondents No.7 & 8, by referring to the return filed, submits that the contention as regards possession of the petitioners over the land in question is concerned, the same is seriously disputed. He submits that in fact after issuance of the notification dated 20.01.2005 by the State Government, all the encroachers have been dispossessed from the forest land. The reforestation exercise has been conducted on the said lands. The trees have been planted over the entire area for restoration of the forest and thereafter, vide transfer lette