Damru Yadav @ Damrudhar Yadav vs The State Of Chhattisgarh
2026 Latest Caselaw 1575 Chatt

Chattisgarh High Court

Damru Yadav @ Damrudhar Yadav vs The State Of Chhattisgarh on 10 April, 2026

                                                           1




                                                                             2026:CGHC:16573


                                                                                               NAFR


AVINASH                           HIGH COURT OF CHHATTISGARH AT BILASPUR
SHARMA
Digitally signed
by AVINASH
SHARMA
Date: 2026.04.10
                                               WPC No. 1636 of 2026
19:51:50 +0530

                   1 - Smt. Shanti W/o Shri Samuel Aged About 64 Years R/o Mohalla Dabripani,
                   Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.)
                                                                                   --- Petitioner(s)
                                                        versus
                   1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New
                   Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)


                   2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New
                   Raipur,                  Distt.                  Raipur                     (C.G.)


                   3        -   The    Collector     District    Sarguja,      Ambikapur       (C.G.)


                   4 - The District Forest Officer District Sarguja (C.G.) (Ambikapur)


                   5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja
                   (C.G.)


                   6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja
                   (C.G.)


                   7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.)
                                           2

                                                                --- Respondent(s)

1 - Mohd. Ahmad Ansari S/o Mohd. Alijan Ansari Aged About 46 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

---Petitioner(s)

Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

2 - The Secretary Department Of Forest Mahanadi Bhawan, Atal Nagar New Raipur, District : Raipur, Chhattisgarh

3 - The Collector, District Sarguja, Ambikapur Chhattisgarh

4 - The District Forest Officer, District Sarguja Chhattisgarh (Ambikapur)

5 - The Sub Divisional Officer (Forest), Sub Division -Ambikapur District Sarguja Chhattisgarh

6 - The Sub Divisional Officer (Rev.), Sub Division-Ambikapur District - Sarguja Chhattisgarh

7 - The Forest Range Officer, Forest Range Ambikapur District - Sarguja Chhattisgarh

--- Respondent(s)

1 - Harilal S/o Shri Chhandan Ram Aged About 47 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District - Sarguja Chhattisgarh

---Petitioner(s)

Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur Chhattisgarh

2 - The Secretary, Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh

3 - The Collector, District Sarguja, Ambikapur Chhattisgarh

4 - The District Forest Officer, District Sarguja Chhattisgarh (Ambikapur)

5 - The Sub Divisional Officer (Forest), Sub Division -Ambikapur District Sarguja Chhattisgarh

6 - The Sub Divisional Officer (Rev.), Sub Division-Ambikapur District - Sarguja Chhattisgarh

7 - The Forest Range Officer, Forest Range Ambikapur District - Sarguja Chhattisgarh

--- Respondent(s)

1 - Mohd. Dilsad S/o Mohd. Remas Miyan, Aged About 43 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.)

---Petitioner(s) Versus

1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

2 - The Secretary , Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

3 - The Collector, District Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer (Forest), District Sarguja (C.G.)(Ambikapur)

5 - The Sub Divisional Officer (Forest), Sub Division -Ambikapur District Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.), Sub Division-Ambikapur District Sarguja (C.G.)

7 - The Forest Range Officer, Forest Range-Ambikapur District Sarguja (C.G.)

--- Respondent(s)

1 - Leeladhar Yadav S/o Shri Kanwar Yadav Aged About 44 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur, District- Sarguja (Cg)

---Petitioner(s)

Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (Cg)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (Cg)

3 - The Collector District- Sarguja (Cg) Ambikapur

4 - The District Forest Officer District Sarguja (Cg) Ambikapur

5 - The Sub Divisional Officer (Forest ) Sub Division Ambikapur, District- Sarguja (Cg)

6 - The Sub Division Officer (Rev.) Sub Division Ambikapur, District- Sarguja (Cg)

7 - The Forest Range Officer Forest Range- Ambikapur, District- Sarguja (Cg)

--- Respondent(s)

1 - Mansoor Ali S/o Kayoom Ali Aged About 38 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

3 - The Collector District Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer District Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.)

--- Respondent(s)

1 - Seraj Ansari S/o Shri Alihusain Ansari Aged About 53 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja Chhattisgarh

---Petitioner(s)

Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh

3 - The Collector District Sarguja, Ambikapur Chhattisgarh

4 - The District Forest Officer District Sarguja, Chhattisgarh Ambikapur

5 - The Sub Divisional Officer (Forest) Sub Division Ambikapur, District Sarguja Chhattisgarh

6 - The Sub Divisional Officer (Rev) Sub Division - Ambikapur, District Sarguja Chhattisgarh

7 - The Forest Range Officer Forest Range - Ambikapur, District Sarguja Chhattisgarh

--- Respondent(s)

1 - Ropna Ram Nagasia S/o Shri Fitul Ram Aged About 38 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur, District Sarguja Chhattisgarh

---Petitioner(s)

Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh

3 - The Collector District Sarguja, Ambikapur Chhattisgarh

4 - The District Forest Officer District Sarguja Chhattisgarh (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub-Division Ambikapur District Sarguja Chhattisgarh

6 - The Sub Divisional Officer (Rev) Sub Division - Ambikapur, District Sarguja Chhattisgarh

7 - The Forest Range Officer Forest Range - Ambikapur, District Sarguja Chhattisgarh

--- Respondent(s)

1 - Vijay Ram Korva S/o. Shri Shyamsundar Ram Aged About 40 Years R/o.- Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District- Surguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh. Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur Distt.- Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.)

3 - The Collector District- Surguja, Ambikapur (C.G.)

4 - The District Forest Officer District- Surguja (Ambikapur) (C.G.).

5 - The Sub Divisional Officer (Forest) Sub Division Ambikapur District Surguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division Ambikapur District- Surguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District- Surguja (C.G.)

--- Respondent(s)

1 - Chandan Kumar S/o Shri Rajendra Ram Aged About 38 Years R/o Mohalla Dabripani Village Bandhiyachuwan Tahsil Ambikapur District- Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary Department Of Revenue New Mantralaya Mahanadi Bhawan Atal Nagar, New Raipur Distt- Raipur (C.G.)

2 - The Secretary Department Of Forest Mahanadi Bhawan Atal Nagar, New Raipur Distt- Raipur (C.G.)

3 - The Collector District- Sarguja Ambikapur (C.G.)

4 - The District Forest Officer District- Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division Ambikapur District- Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev) Sub Division Ambikapur District- Sarguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District- Sarguja (C.G.)

--- Respondent(s)

1 - Kamla Thakur S/o Sudarshan Thakur Aged About 50 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District- Sarguja Chhattisgarh.

---Petitioner(s)

Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh.

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh.

3 - The Collector District Sarguja, Ambikapur Chhattisgarh.

4 - The District Forest Officer District Sarguja (Ambikapur) Chhattisgarh.

5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja Chhattisgarh.

6 - The Sub Divisional Officer (Revenue) Sub Division Ambikapur District Sarguja Chhattisgarh.

7 - The Forest Range Officer Forest Range- Ambikapur District- Sarguja Chhattisgarh.

--- Respondent(s)

1 - Kurban Idrishi S/o Shri Tayyum Khalifa Aged About 41 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

3 - The Collector District Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer District Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.)

--- Respondent(s)

1 - Manbodh Painkra@Manbodh Ram Painkra S/o Shri Reku Sai Aged About 56 Years R/o Mohalla Dabripani, Village- Bandhiyachuwan, Tahsil- Ambikapur, District- Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.)

3 - The Collector District- Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer District- Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur, District- Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division - Ambikapur, District- Sarguja (C.G.)

7 - The Forest Range Officer Forest Range - Ambikapur, District- Sarguja (C.G.)

--- Respondent(s)

1 - Dhaneshwar S/o Anand Aged About 45 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District- Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.)

2 - The Secretary, Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.)

3 - The Collector, District Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer, District - Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest ) Sub Division Ambikapur District- Sarguja (C.G.)

6 - The Forest Range Officer, Forest Range Ambikapur District- Sarguja (C.G.)

--- Respondent(s)

1 - Smt. Sunita Ekka W/o Shri Bajru Ekka Aged About 54 Years R/o Mohalla Dabripani Village Bandhiyachuwan Tahsil Ambikapur District- Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue New Mantralaya Mahanadi Bhawan Atal Nagar, New Raipur, Distt- Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan Atal Nagar, New Raipur, Distt- Raipur (C.G.)

3 - The Collector District Sarguja Ambikapur (C.G.)

4 - The District Forest Officer District- Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division Ambikapur District- Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev) Sub Division- Ambikapur District- Sarguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District- Sarguja (C.G.)

--- Respondent(s)

1 - Smt. Rehana Parveen W/o Saqir Ansari Aged About 43 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.)

---Petitioner(s)

Versus

1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

3 - The Collector District Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer District Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.)

--- Respondent(s)

1 - Shaukal Ali @ Shaukat Ali S/o. Shri Mojib Ansari @ Mojim Ansari Aged About 35 Years R/o. Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikpaur District- Surguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Matralaya, Mahanadi Bhawan, Atal Nagar, New Raipur Distt.- Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.)

3 - The Collector District- Surguja, Ambikapur (C.G.)

4 - The District Forest Officer District- Surguja (Ambikapur) (C.G.)

5 - The Sub Divisional Officer (Forest) Sub Divisional Ambikapur District- Surguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division Ambikapur District- Surguja (C.G.)

7 - The Forest Range Officer Forest Range Ambikapur District- Surguja (C.G.)

--- Respondent(s)

1 - Damru Yadav @ Damrudhar Yadav S/o Shri Kunwar Ram Aged About 32 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur, District- Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt.- Raipur (C.G.)

3 - The Collector District- Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer District- Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division - Ambikapur, District- Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division - Ambikapur, District- Sarguja (C.G.)

7 - The Forest Range Officer Forest Range - Ambikapur, District- Sarguja (C.G.)

--- Respondent(s)

1 - Sanjay Bada S/o Shri Vigan Bada Aged About 38 Years R/o Mohalla Dabripani, Village Bandhiyachuwan, Tahsil Ambikapur District Sarguja (C.G.)

---Petitioner(s) Versus 1 - The State Of Chhattisgarh. Through Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

2 - The Secretary Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (C.G.)

3 - The Collector District Sarguja, Ambikapur (C.G.)

4 - The District Forest Officer District Sarguja (C.G.) (Ambikapur)

5 - The Sub Divisional Officer (Forest) Sub Division- Ambikapur District Sarguja (C.G.)

6 - The Sub Divisional Officer (Rev.) Sub Division- Ambikapur District Sarguja (C.G.)

7 - The Forest Range Officer Forest Range- Ambikapur District Sarguja (C.G.)

--- Respondent(s) (Cause title taken from CIS periphery)

For Petitioners : Shri AN Bhakta and Shri Vivek Bhakta, Advocates. For State/Res : Shri RK Gupta, Addl AG, Shri Sabyasachi Choubey, GA, Shri Shobhit Mishra, Dy GA, Shri Shreyansh Mehta, PL and Shri Abhishek Gupta, PL.

Hon'ble Mr. Justice Amitendra Kishore Prasad Order on Board

10/04/2026

1. Since the issue involved in these batch of Writ Petitions is one and the

same, they have been clubbed together, heard together and are being

disposed of by this common order.

2. By way of these writ petitions, the petitioners are challenging the impugned

eviction notice dated 17.03.2026 passed by The District Forest Officer,

Surguja Chhattisgarh whereby petitioners have been directed to remove

the encroachment made by them within a period of 7 days, failing which,

encroachment made by the petitioners will be removed with the help Police

Administration. The petitioner have been alleged to encroach land falling in

Mahamaya Pahad/ Dabripani under RF-2582 (reserved) forest land, details

of which in respect of the each of the petitioners is given below in a

tabulated format.

       WPC           Land            WPC number        Land     encroached
       number        encroached                        (dismil/hectare)
                     (dismil/hectare)
       1636/2026     0.020            1663/2026        0.202
       1639/2026     0.111            1664/2026        0.097


    1641/2026     0.016            1669/2026          0.077
    1642/2026     0.109            1670/2026          0.100
    1643/2026     0.001            1671/2026          0.002
    1645/2026     0.007            1672/2026          0.100
    1646/2026     0.027            1676/2026          0.03
    1649/2026     0.062            1678/2026          0.119
    1662/2026     0.097            1683/2026          0.037
                                   1685/2026          0.089

3. In sum and substance, all the writ petitioners have prayed for the following

reliefs, however, disputed land area with regard to each of the petitioners

be read as mentioned in the above tabulated chart:-

10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal.

10.2 That, the Hon'ble Court may kindly be pleased to set-

aside / quash the impugned eviction / dispossession notice dated 17.03.2026 (AN P-1) issued by the District Forest Officer, District Sarguja (Ambikapur) (Resp No.04), and the Petitioner be allowed to reside at the suit property/ house (Reserved Forest compartment No. 2582, area about 0.020 hectare).

10.3 That, the Hon'ble Court may kindly be pleased to, as an alternative measure, the Respondent authority (State) be directed to provide appropriate government land for residence of petitioner's family in case of dispossession / eviction, in the interest of justice.

10.4 That, the Hon'ble Court may kindly be pleased to pass any other relief, which this Hon'ble High Court deems fit and proper be also awarded.

4. Learned counsel for the petitioners submits that the petitioners are poor

and landless persons who are not having any residential houses. As such,

they constructed their hutment on the land in question and are temporarily

residing in it since the last 40-50 years. However, on 17.03.2026,

impugned eviction notice was issued to the petitioners which was

specifically in reference to the earlier eviction notice dated 17.01.2025 for

removal of encroachment. Since the petitioners who are dwelling upon the

encroached land did not remove the construction within one year from the

date of issuance of notice dated 17.01.2025, therefore, impugned notice

dated 17.03.2026 has been issued. By the said notice, as a last

opportunity, the petitioners have been directed to remove the

encroachment made upon 'Mahamaya Pahad/ Dabripani under RF-2582

(Reserved) Forest Land within seven days.

5. Learned counsel for the petitioners further submits that since the

petitioners are landless persons and they are residing in the encroached

land since 4-5 decades their possession is required to be protected and

also for the reason that the petitioners are willing to appear and participate

in the proceedings before the competent authority before whom

proceedings will be initiated as per law.

6. Learned counsel for the petitioners fairly submits that the State being a

welfare state may consider the circumstances facing the petitioners as

they have no other shelter to dwell on and further the petitioners are willing

and ready to cooperate in the proceedings ought to be initiated under the

law. Therefore, the authorities concerned may be directed not to take any

coercive steps against the petitioners.

7. Learned State counsel submits that the petitioners are encroachers on the

forest land, as such, eviction notice was issued way back on 17.01.2025.

Accordingly, the petitioners have been granted ample opportunity,

however, they did not paid heed to the said notice and upon issuance of

notice dated 17.03.2026, they are rushing to the Court without availing

themselves of the alternate remedy under the law. Hence these petitions

are not required to be entertained.

8. I have heard learned counsel for the parties and perused the material

available with the petitions.

9. From the perusal of record, it is quite vivid that the petitioners are

encroachers on the forest land, in which they constructed their hutment as

they are poor persons and are dwelling thereon since the last 4-5 decades

which is apparent from the photographs filed with the petition.

10.The Hon'ble Supreme Court in the case of Ahmedabad Municipal

Corporation Vs. Nawab Khan Gulab Khan and Ors [(1997) 11 SCC

121], has observed the constitutional duty of the State in cases involving

encroachment. The relevant portion of the afore-cited judgment is

reproduced hereunder:-

"13....It would, therefore, be clear that though no person has a right to encroach and erect structures or otherwise on footpath, pavement or public streets or any other place reserved or earmarked for a public purpose, the State has the Constitutional duty to provide adequate facilities and opportunities by distributing its wealth and resources for

settlement of life and erection of shelter over their heads to make the right to life meaningful, effective and fruitful..."

11. Further, the Hon'ble Supreme Court in the case of In Re: T.N.

Godavarman Thirumulpad Vs. Union of India and Ors.

(MANU/SC/0762/2025, 2025 SCC OnLine SC 1227), while dealing with

issue of right to shelter referred the case of Chameli Singh and Ors. v.

State of U.P. and Anr. [(1996) 2 SCC 549], in which it has been held as

under:-

"8....Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has opportunities to grow physically, mentally, intellectually and spiritually. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads etc..."

12.It is very much clear that no person has a right to encroach and erect

structures or otherwise on footpath, pavement or public streets, reserved

forest or any other place reserved or earmarked for a public purpose.

Without following the process of law, nobody can be granted a blanket

liberty to reside on the house illegally constructed on encroached forest

land. But at the same time, the State being a welfare State is also required

to consider the case of the petitioners as the petitioners are land less

persons and dwelling on the encroached land for a considerable span of

years provided that process of law has to be adhered as established.

13. Under The Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006 (hereinafter "The Act, 2006") with

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition

of Forest Rights) Rules, 2007 (hereinafter "the Rules, 2007"), there is

specific provision for consideration of the settlement of the persons like

petitioners in the reserve forest land. As per Rules 2007, at first, an

application has to be moved before the Gram Sabha in this regard.

Thereafter, the concerned Gram Sabha will verify the same and forward

the application to the Sub Divisional Level Committee comprising of the

Sub-Divisional Officer, Forest Officer and three members of Block or Tehsil

level Panchayats and one Officer of the Tribal Welfare Department. The

said Committee will further consider the entitlement of the petitioners like

persons and will sent the matter to the District Level Committee which

comprises of District Collector or Deputy Commissioner, the concerned

Divisional Forest Officer or concerned Deputy Conservator of Forest, three

members of the district panchayat and one Officer of the Tribal Welfare

Department. Thereafter, State Level Monitoring Committee is there to

redress the claim of the petitioners like persons.

14.From the above discussion, it is quite vivid that first, the petitioners have to

approach such authorities concerned as is available under the law to

redress their grievance as regards the forest land. Bypassing the said

proceedings and directly approaching this Court by filing this petition will

not serve any useful purpose. Hence, the petitioners are directed to

approach the authorities concerned as and in the like manner provided

under the Rules, 2007 or any other law for settlement in the disputed land

within a period of 30 days from the date of receipt of copy of this order and

in turn, the authorities concerned shall consider and decide the same in

accordance with law after giving due opportunity of hearing to the

petitioners in a pragmatic manner.

15.Till the said proceedings are concluded by the concerned authorities, they

are directed not to take any coercive steps against the petitioners.

16.With these observations/directions, the Writ Petitions are disposed of.

17.The petitioners are also directed to cooperate in the proceedings

emanated from the application filed by them before the authorities

concerned.

Sd/-

(Amitendra Kishore Prasad) Judge Avinash