SUMAN PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on the question of admission and I.A.No.2, application for grant of interim relief / stay.

(2.) Mr. Hemant Kumar Agrawal, learned counsel appearing for the petitioner, would submit that the petitioner has made application for grant of forest right over the suit land under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short, 'the Act of 2006') and he is in possession of the land in question which is apparent from Annexure P- 1 and he has also constructed house over the suit land. Respondent No.4 is likely to dispossess the petitioner without waiting the notice period, therefore, his application for grant of forest right over the suit land filed as Annexure P-4 be directed to be decided. The petitioner is ready and willing to file reply before respondent No.4 which may also be directed to be considered, but till then no coercive steps be taken against him.

(3.) Mr. Sunil Otwani, learned State counsel, would submit that the petitioner is in unauthorised possession over the suit land, therefore, he is not entitled for any interim protection.