Forest Rights Committee Of Village Gajkanhar v. State Of Chhattisgarh And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR WPCNo.426of2015 Forest Rights Committee ofVillage Gajkanhar, Bloc- Nagri, Tahsil- Nagri District- Dhamtari (C.G.) Through the President of The Committee Dayal Ram Netam, aged about 50 Years, Son ofTiharuram, ResidentofVillage Gajkanhar, Tehsil Nagri, Dist. Dhamtari (C.G.) -- Petitioner

Versus

1.

State of Chhattisgarh Through the Secretary to The Ministry of Forest (C.G.) Mahanadi Bhawan, Naya Raipur (C.G.) 2.

District Forest Officer, Dhamtari District- Dhamtari (C.G.) 3.

CollectpB, t)t]^mtaEii:DistFiGt-'DhamtaFi 4.

S.D,O.S(Revenue), Nagri Sub Division - Nagri, District- Dhamtari (C.G.) 5.

Forest Range Officer, Nagri, District- Dhamtari (C.G.) -- Respondents For Petitioner For Respondent/State Mohd. Afroz, Advocate.

Ms. Smiti Sharma, Dy. GA for the State.

Hon'ble Shri Justice Prashant Kumar IVIishra OrderOn Board 10/03/2015

1. This petition has been submitted in representative capacity on behalf of villagers, whose prayer for grant of lease of forest land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognltion of Forest Rights) Act, 2006 (for short 'the Act, 2006') has not been considered at appropriate level.

2.

]n the opinion of this Court, the individual applicant.s, whose names appear

"\ --\.

4 -y in the representation Annexure P-3 can maintain the writ petition. If those individuals are not in a position to prefer writ petition, the petitioner can espouse their cause by filing a Public Interest Litigation. The present writ petition, in its present form, is not maintainable. 3.

It is accordingly dismissed as not maintainable with liberty to the petitioner to prefer a duly constituted Public Interest Litigation, in accordance with the High Court rules.

Prashant Kumar Misfara Judge ashu