Chhattisgarh High Court
Environmental LawAdministrative and Public Law

Pending forest rights application directed to be decided within 60 days, without expressing any view on merits.

RAMLAKHAN YADAV vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 18, 20262 MIN READSOURCE JUDGMENT
Pending forest rights application directed to be decided within 60 days, without expressing any view on merits.. RAMLAKHAN YADAV vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1–3

Although earlier directions had allegedly been issued for consideration of his claim, the competent authority had not decided it.

Source reference: para. 1–3

The 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. 1–3

He therefore sought a direction for consideration and disposal of the application. The State did not oppose the limited relief sought.

Source reference: para. 1–3
02

Issues

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. 1–4

Whether 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. 4–5
03

Law 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, 3–5

Where 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, 3–5
04

Reasoning

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. 3–5

Since 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. 3–5

The 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. 3–5
05

Holding

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. 4–6

No order was made as to costs.

Source reference: para. 4–6
Chhattisgarh High Court

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RAMLAKHAN YADAVvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 18, 2026

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