Forest rights claims must follow the statutory mechanism prescribed under the Forest Rights Act.

The petitioners filed a writ petition under Article 226 of the Constitution of India and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

They sought a writ of mandamus directing the State authorities to allot physical possession of land bearing Survey No. 92 (Old Survey No. 21) in Village Jarikhurd, Dahod, and to prevent the Forest Department from disturbing their possession

The procedural history reflects a request for the court to bypass or expedite the statutory recognition process for forest land rights

1. Whether the High Court should exercise its writ jurisdiction to direct land allotment and protect possession when a specific statutory mechanism exists under the Forest Rights Act and Rules

2. Whether the petitioners must first exhaust the administrative remedies provided by the Gram Sabha and specialized committees before seeking judicial intervention

The court relied on the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and the corresponding Rules of 2007

These statutes establish an "inbuilt mechanism" for forest right claims, specifically Rule 12 (duties of the Forest Rights Committee) and Rule 14 (petitions to the Sub-divisional Level Committee)

The legal principle applied is that where a statute provides a comprehensive hierarchy for adjudication—from the Gram Sabha to the District Level Committee—the claimant must adhere to that procedural framework

The court evaluated the State’s contention that a structured statutory procedure is mandatory for recognizing forest rights

The court noted that the process begins with an application to the Gram Sabha, followed by verification by the Forest Rights Committee under Rule 12

The analysis highlighted that the law provides internal appellate remedies; an aggrieved party may appeal a Gram Sabha resolution to the Sub-divisional Level Committee under Rule 14, and subsequently to the District Level Committee

The court accepted the petitioners' willingness to follow this statutory course rather than pursuing immediate judicial relief, concluding that the specialized committees are the appropriate fora to determine factual land claims in the first instance

The court granted the petitioners liberty to file a formal application with the Gram Sabha under the Rules of 2007

It further issued a mandatory direction to the Gram Sabha and the Forest Rights Committee to decide upon the application in accordance with the law within twelve months of receipt

No order as to costs was made