Rajendra Vishwakarma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2518 of 2020

1. Rajendra Vishwakarma S/o Bhagwani, Aged About 45 Years, R/o Khirkitola (Dangimacha), Police Station Rudri, Tehsil And District Dhamtari, Chhattisgarh

2. Mohan Nishad S/o Bisahu Nisahd, Aged About 66 Years, R/o Khirkitola (Dangimacha), Police Station Rudri, Tehsil And District Dhamtari, Chhattisgarh

3. Pamin Bai Yadav W/o Varun, Aged About 55 Years, R/o Khirkitola (Dangimacha), Police Station Rudri, Tehsil And District Dhamtari, Chhattisgarh

4. Jagdish Sinha S/o Sahdeo Sinha, Aged About 55 Years, R/o Khirkitola (Dangimacha), Police Station Rudri, Tehsil And District Dhamtari, Chhattisgarh

5. Pawan Yadav S/o Manihar Yadav, Aged About 57 Years, R/o Khirkitola (Dangimacha), Police Station Rudri, Tehsil And District Dhamtari Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Collector, District- Dhamtari, Chhattisgarh

2. The Sarpanch, Gramsabha- Khirkitola, District Dhamtari, Chhattisgarh

3. The S.D.O. (Revenue), Dhamtari, District Dhamtari, Chhattisgarh

4. The Assistant Commissioner, District Dhamtari, Chhattisgarh

5. The Deputy Collector, District Dhamtari, Chhattisgarh

6. The Forest Divisional Officer, General Forest Division, Dhamtari District Dhamtari, Chhattisgarh

7. The Khanda Adhikari Water Resources Sub Division No. 09, Gangrel Dhamtari, District Dhamtari, Chhattisgarh ---- Respondents

For Petitioners :

Mr. Hariom Rai, Advocate For State :

Mr. Sudeep Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 03.11.2020

1. The limited relief that the petitioners have sought in the present writ petition is for an appropriate direction to the respondents to consider and decide their application for grant of Van Adhikar Patta to them.

2. According to the petitioners, they were residents of village Khirkitola (Dangimacha) where Gangrel Dam water has now submerged their village and they have been shifted to a different location where they are residing for a considerable period of time and now they have approached the authorities for grant of Van Adhikar Patta.

3. According to the State counsel, since the petitioners have not approached the authorities in accordance with law, their application could not be decided or processed inasmuch as their application has to be routed to the Van Adhikar Samiti which in turn shall forward to the concerned higher authorities in the Department.

4. According to the petitioners, the Gram Sabha has already passed a resolution in their favour but the same has not been forwarded or referred to the Van Adhikar Samiti constituted at the Sub-Block level. The contention of the petitioners is that as of now their purpose would be served if the respondents 2 & 3 are directed to forward the resolution of Gram Sabha to the concerned Sub-Block level Van Adhikar Samiti so far as their demands for grant/issuance of Van Adhikar Patta is concerned.

5. To the limited relief that the petitioners have sought for, counsel for the respondents do not have any objection.

6. Accordingly, the writ petition stands disposed of directing the respondents 2 & 3 to immediate forward the resolution passed by the Gram Sabha to the concerned Sub-Block level Van Adhikar Samiti for necessary steps to be taken in accordance with law. Upon such action being taken by the respondents 2 & 3, the respondents shall further proceed and decide the application of the petitioners at the earliest preferably within four months from the date the respondents 2 & 3 forwards the resolution to the concerned Van Adhikar Samiti. Sd/- P. Sam Koshy Judge Khatai