Chhattisgarh High Court

WPC/1961/2025 of SITA BHUIYAN Vs STATE OF CHHATTISGARH on 21 September 2026

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2026:CGHC:41238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1961 of 2025 1 - Sita Bhuiyan W/o Shri Shekhar Ram Aged About 34 Years R/o Gangapur Khurd, Nala Para, Tehsil- Ambikapur, District- Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary,

CGHC010149482025

2026:CGHC:41238

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1961 of 2025

1 - Sita Bhuiyan W/o Shri Shekhar Ram Aged About 34 Years R/o Gangapur Khurd, Nala Para, Tehsil- Ambikapur, District- Surguja (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Nava Raipur, District- Raipur (C.G.)

2 - District Collector, Surguja, District- Surguja (C.G.)

3 - Sub-Divisional Officer (Revenue) Ambikapur, District- Surguja (C.G.)

4 - Tehsildar (Nazul), Ambikapur, District- Surguja (C.G.)

5 - Commissioner, Municipal Corporation, Ambikapur, District- Surguja (C.G.)

... Respondent(s)

( Cause title taken from CIS Periphery)

For Petitioner(s)

: Mr. Ashish Beck, Advocate

For Respondent/State

: Dr. Arham Siddiqui, Panel Lawyer

For Respondent No.5

: Mr. Pankaj Agrawal, Advocate

SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/09/2026

RUCHI

YADAV

Digitally

signed by

RUCHI YADAV

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1. By way of the present petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue direction to the respondent No. 2 to record the forest right title of the petitioner by updating the relevant revenue records alongwith issuance of 'Rin Pustika/Kisaan Kitaab' to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned eviction notice dated 04-04-2025. 10.3 That, the Hon'ble Court may kindly be pleased to pass any other order/direction granting any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

2. Learned counsel for the petitioner submits that the notice dated 04.04.2025 issued by the concerned Tehsildar, Ambikapur, District Surguja (C.G.), is not sustainable as the petitioner has already been granted a forest lease in respect of the land bearing Compartment No. 1/1, admeasuring 0.02 hectare. He submits that, in view of the aforesaid lease granted in favour of the petitioner, the impugned notice deserves to be set aside.

3. Learned counsel appearing for the State as well as the Municipal Corporation submits that, if the petitioner is having any leasehold right in respect of the land in question, he ought to approach the concerned authority and place the relevant documents before the said authority. It is submitted that the petitioner has directly approached this Court without first apprising the concerned authority of the lease granted in her favour and, therefore, the writ petition is not maintainable.

4. Having considered the submissions of learned counsel for the parties and upon perusal of the material available on record, particularly the notice dated 04.04.2025 and the lease deed granted in respect of the forest land bearing Compartment No. 1/1, admeasuring 0.02 hectare, the petitioner is directed to approach the concerned authority and apprise the said authority of the lease granted in her favour by placing all relevant documents on record.

5. If required, the petitioner may approach the concerned Collector by filing the aforesaid documents along with a copy of this order. Upon receipt of such representation, the concerned Collector shall consider the same and pass an appropriate order, in accordance with law.

6. Since this Court, vide order dated 17.04.2025, has granted interim protection in favour of the petitioner, the concerned authorities are directed to take the said interim order into consideration while deciding the petitioner's representation. The concerned authority shall decide the case of the petitioner within a period of 60 days from the date of receipt of the representation along with the relevant documents. Till expiry of the aforesaid period of 60 days, the order dated 17.04.2025 shall remain in operation.

7. With the aforesaid directions, the writ petition stands disposed of. Sd/-

(Amitendra Kishore Prasad) Judge Ruch

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