Jharkhand High Court
Maya Devi vs The State Of Jharkhand on 6 December, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4843 of 2022
Maya Devi ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Bokaro
3. The Collector-cum-Divisional Forest Officer, Bokaro Forest Division,
Bokaro
4. The Circle Officer, Chas, Bokaro ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Vishal Kumar Rai, Advocate
For the Respondents : Mr. Ratnesh Kumar, SC (L&C)-I
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Order No. 04 Dated: 06.12.2022
The present writ petition has been filed for quashing and
setting aside the order dated 05.07.2022 (Annexure-5 to the writ
petition) passed by the respondent no. 3 - the Collector-cum-Divisional
Forest Officer, Bokaro Forest Division, Bokaro in JPLE (BPLE) Case No.
06/2019, whereby the petitioner has been directed to vacate the land
appertaining to Mouza-Bhawanipur, Thana-Chas (52), Khata No. 25, Plot
No. 814, measuring an area of 25 decimals within two weeks treating
the same to be forest land, failing which the said land would be vacated
in accordance with law with a further direction to the Forest Range
Officer, Chas to get the petitioner evicted from the said land and to take
possession of the same so as to protect the forest land.
Learned counsel for the petitioner submits that Biju Raut -
the khatiyani raiyat of Khata No. 25, Plot No. 814, Mouza-Bhawanipur,
Thant-Chas (52) had two sons namely, Madan Raut and Braja Raut.
Madan Raut died leaving behind his two sons namely, Govind Raut and
Kunja Raut. Kunja Raut died leaving behind his two sons namely, Rasraj
Raut and Suresh Raut. The petitioner has purchased the land of
aforesaid khata and plot measuring an area of 10 decimals from Rasraj
Raut and Suresh Raut both sons of Kunja Raut by way of registered sale
deed executed on 13.03.1985. The petitioner further purchased the land
of the said khata and plot measuring an area of 9 1/6 decimals from
Rasraj Raut and Suresh Raut by way of registered sale deed on
04.01.1993. Subsequently, the petitioner also purchased 8 decimals of
land of same khata and plot by way of registered sale deed from Shiv
Shambhu Tiwari S/o Late Jagdev Tiwari executed on 27.05.2014. On the
basis of the aforesaid registered sale deeds, the petitioner got her name
mutated in revenue records and came in possession over the same.
Thereafter, on payment of rent, rent receipts were issued to her on
regular basis and she constructed three storied building over the same.
The petitioner also paid holding tax till 2020 and in lieu of which the
holding tax receipts were also issued.
Learned counsel for the petitioner further submits that Kunja
Raut during his lifetime filed two suits being Title Suit No. 13/1967 and
325/14 of 1966/68 against the State of Bihar and the Department of
Forest, Government of Bihar, seeking declaration of title over the said
land as well as for granting permanent injunction restraining the State
of Bihar and the Department of Forest, Government of Bihar respectively
from interfering with enjoyment of his possession over the suit land,
which were allowed in favour of Kunja Raut vide judgment dated
31.08.1968. The State of Bihar and the Department of Forest,
Government of Bihar thereafter filed two title appeals being Title Appeal
No. 103/34 of 1968/73, arising out of Title Suit No. 13/1967 and Title
Appeal No. 102/17 of 1968/72, arising out of Title Suit No. 325/14 of
1966/68. Finally, vide judgment dated 14.09.1973, Title Appeal No.
103/34 of 1968/73 concerning declaration of title of Kunja Raut over the
said land was dismissed, whereas Title Appeal No. 102/17 of 1968/72
relating to grant of permanent injunction against the State of Bihar and
its authorities was allowed. However, allowing Title Appeal No. 102/17
of 1968/72 did not make any material difference because title of Kunja
Raut over the said land was already upheld in Title Appeal No. 103/34 of
1968/73. Despite the fact that the petitioner has purchased the
aforesaid land from the sons of Kunja Raut, the respondent no. 3
arbitrarily initiated land encroachment proceeding treating the same to
be forest land and passed an ex-parte order on 05.07.2022 directing the
petitioner to vacate the same. While passing the said order, the
respondent no. 3 has not even mentioned about the aforesaid litigation
in which the title of the land was declared in favour of Kunja Raut
(father of the vendors of the said land).
Mr. Ratnesh Kumar, learned SC (L&C)-I appearing on behalf
of the respondents, submits that the petitioner has an efficacious
remedy of preferring appeal under Section 11 of Bihar (now Jharkhand)
Public Land Encroachment Act, 1956 against the impugned order dated
05.07.2022 passed by the respondent no. 3 and as such, the present
writ petition is not maintainable.
On prima facie consideration of the issue involved in the
present writ petition, this Court is of the view that the respondent no. 3
has ignored the important facts particularly the aforesaid litigation while
passing the impugned order dated 05.07.2022 and hence, despite
availability of alternative remedy of preferring appeal against the said
order, this Court is inclined to entertain the writ petition.
The respondents are directed to file counter affidavit within
four weeks.
Put up this case under the heading "For Admission" in the
week commencing from 23.01.2023.
In the meantime, the operation and execution of the
impugned order dated 05.07.2022 passed by the respondent no. 3 in
JPLE (BPLE) Case No. 06/2019 shall remain stayed.
(Rajesh Shankar, J.)
Manish
