Allahabad High Court
KULLI DEVIversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The Court ordered that no coercive action be taken against the petitioner for three months or until the disposal of her Section 9/11 petition, whichever is earlier, and directed expeditious disposal of that petition within two months.
Summary
Petitioner Kulli Devi filed a writ petition under Article 226 seeking a mandamus directing forest authorities not to dispossess her 1.2530 hectare forest land (Gata No. 41) pending the disposal of her petition under Sections 9 and 11 of the Indian Forest Act before the Forest Settlement Officer. The Court examined whether interim protection could be granted while the statutory petition was pending. It held that the pending Section 9/11 petition should be considered and disposed of expeditiously, and therefore interim relief was appropriate. The Court directed that no coercive action be taken against the petitioner for a period of three months or until the disposal of the Section 9/11 petition, whichever is earlier, and ordered the Settlement Officer to dispose of the petition within two months of a certified copy of the order. The writ petition was consequently disposed with these directions.
Issues considered
- Whether the High Court can grant interim relief under Article 226 to restrain forest authorities from dispossessing the petitioner’s land pending a pending petition under Sections 9 and 11 of the Indian Forest Act.
Legislation cited
- Indian Forest Act — s. 11, 9
Subjects
- Article 226
- mandamus
- interim relief
- forest land
- Section 9
- Section 11
- Indian Forest Act
- dispossession
- environmental law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36374 of 2026
Kulli Devi
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Prasad
Counsel for Respondent(s) : C.S.C., Pradeep Singh
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
Heard learned counsel for the petitioner as well as learned Standing
Counsel.
By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for following relief as substantial relief:
"i) Issue a writ, order or direction in the nature of mandamus
commanding the respondents Forest Authorities not to dispossess the
petitioner over the Gata No. 41 Area 1.2530 hectare, situated in village
Navgai, Tehsil and Pargana Dudhi, District Sonbhadra till disposal of
Misc. Case No. 1499 of 2024 filed on dated 27.12.2024 seeking the
remedy under Section 9/11 of Indian Forest Act pending before Forest
Settlement Officer, Dudhi, Sonbhadra (Respondent No. 2) (Annexure No.
1) to the writ petition."
In our considered view, once petitioner has already filed a petition under
Section 9/11 of the Indian Forest Act, the same may be considered and
disposed of in accordance with law by the Settlement Officer, Forest.
However, it is provided that expeditious disposal shall take place within a
period of two months of production of certified copy of this order.
For a period of three months or till the disposal of petition of the
petitioner under Section 9/11 of the Indian Forest Act, whichever is
earlier, no coercive action shall be taken against the petitioner.
WRIC No. 36374 of 2026
2
With the aforesaid observations and directions, this petition stands
disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 11, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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