IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 29139 of 2021 SMT. AAMNA BEE Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Mudit Goswami - Advocate for the petitioner.

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 petitioner 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 petitioner, including cost, in the ends of justice."

2. Learned counsel appearing for the petitioner submits that the petitioner being a landless lady residing at Village Balrampur, Tehsil Lateri, District Vidisha (M.P.) is in possession of forest land bearing survey No.371/1 area 2 hectares and she possessed the said land since last more than 42-43 years and cultivated the land which is her sole source of income. Initially, her rights over the land was admitted by the State authorities. However, now, the forest authorities are trying to interfere into the peaceful possession of the petitioner and are trying to dispossess her. Therefore, the need to file the writ petition arose.

3. Counsel for the petitioner 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 petitioner since has been cultivating the land in question even prior to the enforcement of Forest Conservation Act 1980. The petitioner is 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 petitioner has 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 petitioner 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 petitioner is 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 respondent No.7, by referring to the return filed, submits that the contention as regards possession of the petitioner 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 letter dated 30.08.2022 (Annexure-P/7/1),