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Allahabad High Court

MUNSILAL AND 13 OTHERSversusUNION OF INDIA AND 2 OTHERS

Decided

Holding

The Court ordered the respondent to consider the petitioners' application for a forest‑right record within forty days, thereby disposing of the writ petition.

Summary

The petitioners, a group of scheduled tribe members, filed a writ petition seeking a record of their forest rights from the State Government. They had earlier submitted an application on 12-12-2025 to the second respondent, which remained unconsidered. The petitioners argued that their request was innocuous and sought judicial intervention to compel the government to act. The Court examined the petition and noted the pending application, directing the respondent to decide on it. Consequently, the writ petition was disposed of, with an order that the application be processed within forty days of the order.

Issues considered

  • What entitlement do the petitioners have to a record of their forest rights under the applicable law?
  • Whether the writ petition is maintainable to compel the State Government to provide such a record.

Subjects

  • Scheduled Tribes
  • Forest Rights
  • Writ Petition
  • Administrative Law
  • Right to Record

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 5696 of 2026

                                    Munsilal And 13 Others
                                                                                                 .....Petitioner(s)
                                                                       Versus
                                    Union Of India And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Satish Kumar Mishra
                                    Counsel for Respondent(s)                   :   A.S.G.I., C.S.C.

                                    Court No. - 2
                                                     HON'BLE ATUL SREEDHARAN, J.
                                                     HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard learned counsel for the petitioners and learned Standing Counsel
                                    for the State-respondents.

                                    2. Learned counsel for the petitioners submits that the petitioners have an
                                    innocuous prayer. He submits that his clients are scheduled tribe and they
                                    have requested the State Government for record of their right under which
                                    they are eligible. The petitioners have moved an application before
                                    respondent no.2 and the same has not yet been considered.

                                    3. Under the circumstances, the present writ petition is disposed off with
                                    request to respondent no.2 to consider one way or other the application of
                                    the petitioners dated 12.12.2025 prayed for providing them record of right as
                                    forest right. Let this be done within a period of forty days from the date of
                                    communication of this order.

                                    March 19, 2026
                                    rkg
                                                                (Siddharth Nandan,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAKESH KUMAR GAUTAM
High Court of Judicature at Allahabad


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