Santosh Kumar Prajapati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 174 of 2017 • Santosh Kumar Prajapati, son of Shri Shambhu Dayal Prajapati, aged about 30 years, resident of Changori, Tahsil Kota, District Bilaspur (CG), Civil & Revenue District Bilaspur ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Ministry of Revenue, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur.

2. Collector, District Bilaspur.

3. Tahsildar, Kota, District Bilaspur

4. Suresh Kumar Agrawal, son of Shri Shankar Lal Agrawal, aged about 55 years, resident of Lormi, District Mungeli (CG) ---- Respondent For Petitioner : Shri Shailendra Dubey, Advocate.

For Respondent/State : Shri Ramakant Mishra, Deputy AG. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/01/2017

1. The petitioner would allege that respondent No.4 has encroached upon the forest land causing hindrance to the petitioner's and other villagers' right to have access to their agricultural field. He would submit that even otherwise non-forest activity is not allowed to be carried-on on the forest land, therefore, the charcoal plant established by respondent No.4 on the forest land deserves to be removed.

2. Let the petitioner submit a representation before the Collector, Bilaspur

for removal of encroachment on forest land within a period of one month from today, who shall seek a report from the Sub Divisional Officer (Revenue) and Divisional Forest Officer to ascertain as to whether the subject land is recorded as forest land. If the allegation is found to be correct, the concerned Sub Divisional Officer (Revenue) shall take appropriate steps for removal of encroachment made by respondent No.4, at the earliest, preferably within a period of 3 months from the date of submission of report to the Collector.

3. With the aforesaid observations/directions, the Writ Petition is disposed of.

Sd/- Judge (Prashant Kumar Mishra) Barve