Court No. - 37
Case :- WRIT - C No. - 11359 of 2021 Petitioner :- Ram Bechare And 18 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
By this petition, the petitioners has prayed for the following reliefs:-
"I. Issue a writ of mandamus directing the respondent not to interfere in the peaceful possession of the petitioners over their plots situated at village Jugail, Pargana Agori, Tehsil Robertsganj (Now Obra) District Sonebhadra in regard to which their claim for getting Forest Right as per section 6 ST and other Forest Dwellers (Recognition of Forest Rights) Act, 2006 is pending till date without passing any order before the SDO level Committee Robertsganj (Now Obra) District Sonebhadra (Respondent Nos.4) II. Issue a writ of mandamus directing the respondents to grant land rights/forest rights over the plots under occupation of the petitioners from generations situated at Village Jugail Pargan Agori Tehsil Obra (Earlier Robertsganj Tehsil) District Sonebhadra.
III. Issue a writ or direction in the nature of mandamus directing the District Magistrate Sonebhadra/Chairman District Level Committee (recognition of Forest Rights) Sonebhadra (Respondent no.2) to pass reasoned and speaking order on the representations of the petitioners dated 18.10.2020 (Annexure no.7) in regard to pending claims of the petitioners for vesting Rights as per ST and other Forest Dwellers (Recognition of Forest Rights) Act, 2006 and ST and other Forest Dwellers (Recognition of Forest Rights) Rules, 2007 as well as ST and other Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012."
Facts averred in the petition are all disputed questions of facts, which cannot be gone into in exercise of writ jurisdiction. However, it is observed that a conscious decision shall be taken by the authority concerned for all such forest dwellers within a period of four weeks from today.
We do not grant order of status quo at present as we are not aware as to what is the status of the property as of date. It will be the authority concerned to decide the matter on its own on the facts of the petitioners claim. Status quo shall be passed by the authority concerned looking to the status of the property.
With these observations, present petition is disposed of.
Order Date :- 30.7.2021 Mukesh/AK Pandey