Thannu S/O. Purkha Dhikar And ... vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 13129 Bom

                                        1            wp8126.22.odt

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH AT NAGPUR

               WRIT PETITION NO.8126/2022

1.      Thannu S/o Purkha Dhikar,
        Aged about 67 years,
        Occupation :- Agriculturist

2.      Surendra S/o Babulal Dhikare,
        Aged about 59 years,
        Occupation :- Agriculturist

3.      Mansa W/o Jayta Uikeerme,
        Aged about 52 years,
        Occupation :- Agriculturist

4.      Lalman S/o Nathu Mawaskar,
        Aged about 49 years,
        Occupation :- Agriculturist

5.      Smt. Ganga S/o Kalu Dhikar,
        Aged about 64 years,
        Occu. :- Agriculturist

        All R/o. At Semadoh (Dhana),
        Taluka- Chikhaldara, District -
        Amravati.
                                            .....PETITIONERS

                    ...V E R S U S...

1.      State of Maharashtra,
        Through its Secretary,
        Tribal Development Department,
        Mantralaya Mumbai-400 032

2.      State of Maharashtra,
        Through its Secretary of Forest,
        Mantralaya, Mumbai- 40 032

3.      Divisional Level Forest Rights
        Committee and Division
        Commissioner through President,
        Amravati
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4.             District Level Forest Rights
               Committee and Collector,
               Amravati, through its President

5.             Range Forest Officer, Taluka
               Tahsil - Shemadoh Post -
               Chikhadra, District - Amravati

6.             Chikhaldara Tahsildar,
               District - Amravati

7.             Gram Panchayat, Semadoh
               District - Amravati, Through its
               Secretary, Tahsil - Shemadoh
               Post - Chikadra, District - Amravati
                                                            ...RESPONDENTS

-------------------------------------------------------------------------------------------
Mr. S. I. Ghatte, Advocate for petitioner.
Mr. A. S. Fulzele, Additional Government Pleader for respondent
nos. 1 to 6.
-------------------------------------------------------------------------------------------

CORAM:- A. S. CHANDURKAR & ANIL L. PANSARE, JJ.

DATED :- 16.12.2022

ORAL JUDGMENT (Per: A. S. Chandurkar, J.)

Rule. Rule is made returnable forthwith. Heard

Mr.Ghatte, learned counsel for petitioners and Mr. Fulzele, learned

Additional Government Pleader for respondent nos.1 to 6. Service

to respondent no.7 is dispensed with.

2. The grievance of the petitioners is that pursuant to the

orders dated 09.07.2021 and 11.02.2021, passed by the Divisional

Level Forest Rights Committee remanding the petitioners' 3 wp8126.22.odt

applications to the District Level Forest Rights Committee, those

proceedings have not been adjudicated. Without doing so, the

petitioners are sought to be dispossessed.

3. We find that in the light of the provisions of Section

4(5) of the Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006, till the

proceedings of remand are decided, the possession of the

petitioners is not liable to be disturbed. Accordingly, the writ

petition is disposed of by directing the District Level Forest Rights

Committee to decide the proceedings that have been remanded in

accordance with law and preferably within a period of two months

expiring on 28.02.2023.

4. Till such time the proceedings are pending with the

District Level Forest Rights Committee, the possession of the

petitioners shall remain protected.

Rule is made absolute in the above terms. No order as

to costs.

            (Anil L. Pansare, J.)            (A. S. Chandurkar, J.)



kahale                                                 Digitally signed byYOGESH
                                                       ARVIND KAHALE
                                                       Signing Date:19.12.2022
                                                       10:38