Facts
The petitioner, aged 68 years, claimed a Van Adhikar Patta under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in respect of 0.80 hectare of land situated in Compartment No. P-3414, Village Pipraul, Tehsil Ramanujganj, District Balrampur-Ramanujganj.
Source reference: para. 1–3Although earlier directions had allegedly been issued for consideration of his claim, the competent authority had not decided it.
Source reference: para. 1–3The petitioner stated that he had submitted a fresh application dated 7 July 2026 before the Secretary of the Village Level Forest Rights Committee, which remained pending.
Source reference: para. 1–3He therefore sought a direction for consideration and disposal of the application. The State did not oppose the limited relief sought.
Source reference: para. 1–3Issues
Whether the competent authority should be directed to consider and decide the petitioner’s pending application dated 7 July 2026 for grant of a Van Adhikar Patta under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Source reference: para. 1–4Whether the High Court should adjudicate the merits of the petitioner’s claim for grant of the forest rights title while exercising writ jurisdiction in the present proceedings.
Source reference: para. 4–5Law Applied
The Court applied the statutory framework governing recognition of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Source reference: para. 1, 3–5Where the petitioner confines the relief to a direction for consideration of a pending application, the Court may issue a time-bound mandamus without expressing any opinion on the substantive merits of the claim.
Source reference: para. 1, 3–5Reasoning
The Court found that the petitioner’s application for grant of a Van Adhikar Patta was pending before the competent authority and that the State had no objection to its consideration within a reasonable period.
Source reference: para. 3–5Since the petitioner expressly limited his prayer to disposal of the pending application, the Court considered it appropriate to issue a procedural direction rather than examine whether he was substantively entitled to the claimed forest rights.
Source reference: para. 3–5The authority was consequently required to consider the application dated 7 July 2026 in accordance with law, while the Court expressly reserved all questions on the merits.
Source reference: para. 3–5Holding
The writ petition was disposed of with a direction to the competent authority to consider and decide the petitioner’s pending application dated 7 July 2026 in accordance with law within 60 days from receipt of a certified copy of the order.
The Court clarified that it had expressed no opinion on the merits of the petitioner’s claim.
Source reference: para. 4–6No order was made as to costs.
Source reference: para. 4–6Original Court PDF
RAMLAKHAN YADAVvsSTATE OF CHHATTISGARH
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