Sri Ram Singh & Anr vs State Of Jharkhand & Anr
2021 Latest Caselaw 4151 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          [Civil Writ Jurisdiction]
                           W.P.(C) No. 21 of 2012
       Sri Ram Singh & Anr.                                 .... .. ... Petitioners
                                   Versus
       State of Jharkhand & Anr.                            .. ... ... Respondents
                                     ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

For the Petitioners : Mr. Vibhor Mayank, Advocate For the Respondent-State : Mr. Manoj Kumar, G.A.-III ......

06/ 02.11.2021.

Heard, learned counsel for the parties.

Petitioners- Sri Ram Singh and Madan Kr. Singh have assailed the notice issued vide Letter No.3491 dated 26.12.2011 issued under the signature of Divisional Forest Officer, Ranchi whereby petitioners have been directed to vacate the premises as the same is illegally encroached upon.

Learned counsel for the petitioners, Mr. Vibhor Mayank has submitted that though the counter-affidavit has been filed by respondent- State through Mr. Sidharth Choudhary, Circle Officer, Sadar, Ranchi on 17.02.2012, then Chandra Mauli Prasad Sinha as a Divisional Forest Officer, Assistant Conservator of Forest on 01.03.2012 and again on 26.04.2012, but till date the State has not taken note of the judgment passed by learned single Judge of this Court on 11.01.2018 in W.P.(C) No.32 of 2012 whereby such notice dated 26.12.2011 issued by the Divisional Forest Officer, Ranchi has been quashed as respondents have failed to disclose their powers under which the aforesaid letter dated 26.12.2011 has been issued. If at all the land belongs to the Forest Department, there is a procedure prescribed in law for ejection of unauthorized occupants. In the judgment passed by the Apex Court in the case of Sodan Singh & Ors. vs. New Delhi Municipal Committee & Ors., reported in (1989) 4 SCC 155, it has been held that even illegal encroachers cannot be removed without following the due process of law.

Learned counsel for the respondent-State, Mr. Manoj Kumar, G.A.-III has submitted that he will seek instruction from the Principal Secretary, Forest Department, Government of Jharkhand in this regard and shall file affidavit by 17.11.2021.

Put up this case on 23.11.2021.

(Kailash Prasad Deo, J.)

R.S.