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Judgment
Hon'ble Shri Justice Amitendra Kishore Prasad
The petitioner, in this Writ Petition, has prayed for the following reliefs:-
“10.1It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.
10.2That, this Hon'ble Court may kindly be pleased to issue a writ/order/direction in nature of mandamus whereby to direct the Respondent No. 2 -Collector, District Surajpur, to consider and decide the Petitioner's application dated 05.10.2026 seeking recognition of individual forest rights and grant of individual forest rights title/patta in respect of land bearing Khasra No. 1, admeasuring 0.09 hectare, situated at Village Kunj Nagar, Tahsil Latori, District Surajpur (C.G.), after conducting the requisite statutory enquiry, spot inspection and verification of the relevant records and after affording the Petitioner a reasonable opportunity of hearing, and upon finding the Petitioner eligible in accordance with law, to grant the individual forest rights/title/patta in his favour within a time-bound period in the interest of justice.
10.3That, any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.”
At the outset, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file an appropriate application before the concerned authorities for grant of lease/patta, taking into consideration his long possession. He submits that the concerned authorities may be directed to consider and decide the same within one month, in accordance with law. He further submits that, as the petitioner is residing in the house in question, the respondents may be directed not to dispossess him for a period of one month.
Considering the aforesaid submissions, the petition is dismissed as withdrawn with liberty, as prayed for. However, the respondents are directed not to dispossess the petitioner for a period of 30 days from the date of receipt of a copy of this order.
