KATARA KASUBHAI DHIRABHAIversusSTATE OF GUJARAT

     C/SCA/13912/2024                                 JUDGMENT DATED: 20/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 13912 of 2024


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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             Approved for Reporting                  Yes          No

==========================================================
                        KATARA KASUBHAI DHIRABHAI & ORS.
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
SHAILESH R THAKORE(9310) for the Petitioner(s) No. 1,2,3,4,5
MS NIRALI SARDA AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                 Date : 20/03/2026

                                   JUDGMENT


1.       Rule returnable forthwith. Learned counsel for the respondent
waives service of notice of rule on behalf of the respondent. With the
consent of the respective parties the present petition is taken up for
 nal hearing today.

2.       Present petition is     led by the petitioner under Articles 14,
19(1)(g), 226, 227 and 300A of the Constitution of India read with the
provisions of the Forest Act, 1927 and Rules therein seeking following
reliefs:

         “A.   YOUR LORDSHIPS may kindly be pleased to issue a writ of
         mandamus or any other writ, order or direction, directing the
         respondents to further process the claims of the petitioners in


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     C/SCA/13912/2024                               JUDGMENT DATED: 20/03/2026




         accordance with the law and directions of this Hon’ble Court in WRIT
         PETITION (PIL) NO. 100 of 2011 and approve the claims of the
         petitioners in accordance with law considering the representations
         made by the petitioners.

         B.     DURING PENDENCY AND UNTIL THE FINAL DISPOSAL OF THE
         CAPTIONED PETITION, YOUR LORDSHIPS MAY KINDLY BE PLEASED TO
         direct the respondents to not disturb the possession of the
         petitioners on the forest land; AND

         C.      YOUR LORDSHIPS MAY BE PLEASED TO grant any other and
         further reliefs as MY LORDS deem 7t in the broad interest of justice
         and equity.”


3.       Brief facts giving rise to the present petition are that, the
petitioners are the Scheduled Tribes and Other Traditional Forest
Dwellers and are residing in forest village at Chakaliya, Taluka: Jhalod,
District: - Dahod and are occupying and cultivating on survey no. 126
of Moje Chakaliya, Taluka: Jhalod, District: Dahod. That, the
petitioners have been recognized under The Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 (hereinafter referred as "The Act") and The Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Rules, 2007 (hereinafter referred as "The Rules") which aims at
structuring the recognition and conferring the forest rights and
occupation of forest land to the Forest Dwelling Scheduled Tribes and
Other Traditional Forest Dwellers, who are residing in the forests for
generations, however their rights could not be recognized. That, after
implementation of the Act, the village Forest Rights Committees
(FRCS), the District and Sub-Divisional Level Committees (DLCs and
SDLCs) were constituted and large number of Forest Dwelling
Scheduled Tribes and Other Traditional Forest Dwellers including the
petitioners        led application forms along with the evidences for
claiming their Forest Rights as stipulated under the Act and the Rules.


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     C/SCA/13912/2024                            JUDGMENT DATED: 20/03/2026




That, a large number of claims which were approved by Gram Sabha
were rejected by SDLCs and DLCs on the ground that the evidences
adduced along with the claims were not appropriate and which then
resulted into litigations by way of WPPIL/100/2011 and allied matters
which were disposed of vide order dated 03.05.2013 inter alia
directing the competent authorities to comply with Rule 13 and
amended Rule 12-A of the rules. That, the petitioners made
representations to the respondent authorities and requested them to
conclude the process of claims within 30 days. However, the
respondent authorities till date have neither reverted back nor further
processed the claims of the petitioners. Being aggrieved and
dissatis ed by the inaction of the respondent authorities in further
processing the claims of the petitioners, the petitioners have
preferred the present petition.

4.       Heard the learned counsel for the respective parties. Perused
the materials available on record.

5.       I have heard the learned counsel for the respective parties and
have considered the facts of the case. It appears from the record that
the petitioners, who belong to Scheduled Tribes and Other Traditional
Forest Dwellers are seeking legal recourse for claiming their Forest
Rights as stipulated under the Act and the Rules. Although they have
applied for claiming their Forest Rights, their claims were rejected by
committees despite approval by the Gram Sabha. It appears that
despite a court directive issued in Writ Petition (PIL) No. 100 Of 2011
to follow proper legal procedures, the respondent authorities have
failed to act upon the same and consequently, the petitioners have
 led this petition challenging the inaction of the respondent
authorities regarding their forest claims.


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        C/SCA/13912/2024                                                   JUDGMENT DATED: 20/03/2026




   6.        Considering the facts and circumstances of the case and the
   submissions made by the learned counsel for the respective parties
   and averments made in the petition, the matter deserves to be
   allowed.


   7.        In the result, the present petition is allowed. The petitioners
   shall submit a fresh application for processing the claims of the
   petitioners in accordance with the law before the respondent –
   authorities along with the relevant documentary evidences within a
   period of two weeks from the date of receipt of the writ of this order
   and the respondent – authorities shall decide the same in accordance
   with law, after giving proper opportunity of hearing to the petitioners
   as expeditiously as possible preferably within a period of twelve
   weeks from the date of receipt of the application. Rule is made
   absolute to the aforesaid extent.

                                                                 (HEMANT M. PRACHCHHAK,J)
   ANUSRI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 30/03/2026 17:35:22




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