Court No. - 40

Case :- WRIT - C No. - 35126 of 2021

Petitioner :- Shamsher Bahadur Singh And 2 Others

Respondent :- Chief Secretary / Chairperson And 4 Others

Counsel for Petitioner :- Sushma Yadav,Hirdesh Kumar Yadav

Counsel for Respondent :- C.S.C.,Hirdesh Kumar Yadav

Hon'ble Manoj Kumar Gupta,J.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

The petitioners claim that they are traditional forest dwellers.

They have filed an application for vesting of forest rights in

their favour as per the procedure prescribed under Chapter IV

of The Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006. Under Section 6 of

the Act, such an application has to be processed by Gram Sabha

by passing a resolution in favour of the person applying and

thereafter forward its copy to the Sub-Divisional Level

Committee-Respondent no.2 herein, for disposal of the claim.

The specific case of the petitioners is that the Gram Sabha has

passed resolution approving their claim. The resolution passed

by Gram Sabha has been brought on record as Annexure-5. The

grievance urged in the instant petition is despite the verification

of the claim of the petitioners by Gram