.,.._._..._A. ^ ^yiiiLfe it^ii'ni ^ .......^•'"^.$^1^'^ oresgn^1%^^'"^""' AaWA-"" IN THEE HIGH COURT OF 3UDICATUERE AT BILASPUR (C.G.^ W.P.NO. z^°32^ /2005 PETITIONER ,,^ i. RESPONDENTS Versus 1. 2. 3. 4. 5. 6. 7. 8. 9. Sankirtan Bariha,S/o- Sunder aged about 70 years R/o- Village- Kishanpur Tehsil & District Mahasamund (C.G.) Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. The state of Chhattisgarh, Through the Secretary, Department of Revenue, .D.K.S. Bhawan Raipur (C.G.) 'The Secretary, Department of Forest, D.K.S. Bhawan Raipur (C.G.) The Collector, District - Mahasamund (C.G.) The Divisional Forest Officer, District- Mahasamund (C.G.) The Forest Range Officer, Forest Range, Pithoura, 1 District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District - Mahasamund The Chief Conservator of Forest, Raipur, District- Raipur (C.G.) WRIT PETmON UNnFO .o^. g ^,.,^ ^^ mNSIITUTION QF INDTft FQUSSUINGDIREmoN Xt-HC-78 ^ET '-qiqiw'y, t?-a1'<1*l<S, RirtK-l^ iTFIcCT^Trf^ ..^^^..^b^...l.bST 3TT^?T ^RRF (^li^6|<£;) ^200 OT^^T<prRyii'cb ^TTW^^TS^Tra? ^ ^^TTSR ^Tf^T OT^^T 5-9-2005 Shri Alok Nigam with Sh Shri Sandeep Dubey, @o\ No.2 to 9. Heard. <pi^fc5<nvi nMc^"^"^^ ^r^t^i^ ^3rf^T3JI^?T li F.S, Khare, counsel for the petitioner- Shri Bhishma Kinaer, St^dina Coun^el for re^pondent NoJ. \rt. Advocate for the State/ respondents The pe+i+ioner ha^s pre| Ferred thid wri+ pe+i+ion under Article 226/227 of the Constitution off India for directing the respondents to grant Bhoomi^wami riaht to th4 petitioner as per rule over the 23 acre^ !and. | |er is that the peti+ioner along with hi^ 3 iand, therefore;they are cultivatjng the ^ituated at forest compartment No.658, of village Bhithjdeeh. Copy of petitioner and villager^ of othej Shoomiswami right would also b^ Th©case of the petitiorj sons have no other agricultura| fore,st land of 23 acres which ij total area 800 acres since 197^, fpr about 33 years. In the year 1991, as per the provi^ion of the Fores^ (Conver^ation) Act, 1980, the er^twhile State of M.P. granted Bhoomi^wami right over the land area 154 acres out of 800 acre-s on the ^ame fj^re^rt- compartment No.658 to the villa9er ll-he revenue record is Annexure-P/1. The r vWQi^es were under the impre^on that ^ grantedto them by the Sovernment, but that has not been 9ranted. fte^pondent^ authoritie^ haye not taken any action on the representation ^nade by the petitioner in the year 1994 before the re^pondent No,7. ^fhe repre^entation was made to the Chlef^ i. 1 Xt-HC-78 ^v^ <-qiqic)'4, y-^IWd, Rlrtl^^ *(INrtl ^TT^ OT^^T^pTf^rro ?CTOT^$Trf>^i<b' ^^ ^< 3t1^?T tRq? ((i<ili^<£{) ^200 ?^TWr^ritcT3TT^$T <-.•^ Minidste^, ColJec+or, Additional Pithora, but they have not t4|tenservation5 Act, 1980 (Coriservation) Rules, 20Q3 has Empowered Committee ha^ beeb md the 5tate ©ovemmentis n authority under ^ub-rule (4) otf 2003. Learned coun^el for th< respondents No.2 be directed| the petitioner and decide ti respondents have no objection.l Havino heard learned coili the facts and cir'cumstances ofl con^ider the ca^e of the petit (Conservation) Amendment Ri^es, earlie^t i,e, within a period of 4 With the direction afor^sdd Consequently, M.(W.)P. also stQnd disposed of. Part-ie^ are entitled for I'eh^itdflir Pithora and the S.D,0. (Fore^t), cjonsidered representation. The Forest |a5 been repealed and the Fore^t |:ome into force under which the Regjonal con^tituted by the CentraJ <&overlnment, 4<}uired to send proposa} to the concerned Rule 6 of Forest (Con^eryatson) Rules <Pl^fc5iJ1v1 *1!*1C)V^"fe^l ^R^^I^ ^3»I^T3I^?T ^ petitioner ^ubmi+ted that, therefore/, |to consider the representation made by k same to which learned couhsel for msei for the parties and havina regard to the cose. respondent No.2 is directed to loner in accordance wlth Rule 6 of Fore^t s, 2004 and decide the same at the month^ from today, ^said, the petition stcaids disposed of. |No.3360/S005 and I.A. No.7534/2005 ertified copy of thi:s order. Sd/- L.C. Bhadoo Judge //^ ^^