Allahabad High Court
Ramchandra And Another vs State Of U.P. And 3 Others on 4 October, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:190580-DB
Court No. - 40
Case :- WRIT - C No. - 31408 of 2023
Petitioner :- Ramchandra And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Udai Prakash Deo Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Shri U.P.D. Pandey, learned counsel for the petitioners and Ms. Shubhra Singh, learned Standing Counsel for the State-respondents.
2. Present writ petition has been preferred for a direction in the nature of mandamus commanding the respondent no.3 to decide the application dated 01.08.2023 filed under Section 9/11 of the Indian Forest Act and to register the case and decide the same in accordance with law. It is further prayed that a direction may be issued to the respondent no.3 not to dispossess the petitioners from Araji No.2825, area 0.5060 hectares situate at Village Kota, Pargana Agori, Tehsil Obra, District Sonbhadra until the record of forest right is provided.
3. It is contended that the petitioners have been in cultivatory possession of the land in question for many decades. The petitioners are still in possession and growing crops over the disputed land and this is the only source of livelihood of their family. The claim of the petitioners is to be considered, but till date the same has not been decided by the respondent authorities. It is further contended that similar controversy has earlier been raised before this Court by way of Public Interest Litigation (PIL) No. 56003 of 2017 (Adivasi Vanvasi Maha Sabha, Chandauli v. Union of India & Ors.), which was disposed of on 11.10.2018 leaving it open to the petitioners' association to make individual application under Section 6 of the Act of 2006 for seeking recognition of their forest rights. It was also provided that in case any such application is made, the Gram Sabha/ Authority shall consider the same and take decision in the matter expeditiously and preferably within 12 weeks. Reliance has also been placed on the order dated 29.8.2013 in Writ-C No.44551 of 2013 (Rameshwar Chaudhary v. State of U.P. & Ors.), wherein similar controversy has been decided with following observations:-
"Heard learned counsel for the parties.
In view of the submission advanced from both sides and in the light of the facts so stated this court is not to go into the details for disposing this petition, as keeping the matter pending will be futile exercise and that will just delay the finality of the things.
Petitioner claims protection as provided in The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of various Rights) Act, 2006.
Accordingly, we need not to go into the merits of the matter so as to record a finding either way but at the same time we propose to dispose of this petition by giving following directions-
i) Petitioner is to file certified copy of this order within a period of one month from today before the competent authority.
ii) On receipt of the move it will be the concern of the concerned competent authority to proceed as provided under the Act and to pass appropriate orders in accordance with law within shortest possible time preferably within a period of three months from the date of receipt of the move.
iii) It is observed that except in accordance with law there will be no interference in the rights of the petitioner.
It is made clear that this Court has not expressed any opinion on merits as we have not gone into the merits of the petitioner's claim and thus decision of the concerned competent authority will be his independent exercise as may be permissible in law.
With the aforesaid directions, this petition stands disposed of."
4. Learned counsel for the petitioners, in this backdrop, has contended that the petitioners being on similar footing are also entitled for similar indulgence.
5. Learned Additional Chief Standing Counsel submits that the claim of the petitioner will be considered in accordance with law expeditiously.
6. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue and with consent, the writ petition stands disposed of asking the authority concerned to look into, examine and redress the grievance of the petitioners in accordance with law and considering the judgments cited-above expeditiously preferably within three weeks, but certainly after giving opportunity to all the Stakeholders in the matter.
Order Date :- 4.10.2023
S.P.
