Jharkhand High Court
Makhu Gope @ Makhan Gope vs State Of Jharkhand & Ors on 13 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 1747 of 2004
Makhu Gope @ Makhan Gope .... .. ... Petitioner
Versus
State of Jharkhand & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through Video Conferencing)
.........
For the Petitioner : Mr. Ankit Vishal, Advocate
For the Respondent-State : Mr. Suresh Kumar, S.C. (L&C)-II
......
12/ 13.05.2022.
Learned counsel for the petitioner, Mr. Ankit Vishal has submitted that as
per Annexure-1, Forest Settlement Officer, Hazaribagh vide order dated
22.12.1962 passed in Case No.344/1962-63 has categorically held that 4.25 acres
of land of cadestral survey of Plot No.1586, Khata No.103 of Village Koshumba,
Thana No.102, Police Station and District- Hazaribagh bounded by North-
Bandhan Mahto, South- Jungal Jhari, East- Jangal Jhari, West Fali Mahto is
hereby released from the aforesaid demarcation in favour of the petitioner, who is
none else than father of the present petitioner. A copy of the said order has also
been communicated to D.F.O., Hazaribagh, West Division vide Memo No.305
dated 22.12.1962. When the question came for demarcation of the land out side
the forest a different stand has been taken by the respondent no.3 by filing
supplementary affidavit on 12.04.2022 by Sri Gorakh Ram, S/o Late Shiv Ram,
Assistant Conservator of Forest, Hazaribag, West Forest Division whereby at para
3 reads as under, "That it is stated that as per office records available of this
division, the order of the Forest Settlement Officer releasing the land in question
is not available in this office but the cadastral map duly signed by Forest
Settlement Officer is available in this office which clearly shows that the land in
question is within the demarcation area of notified forest land and hence it is
clear that the land in question was not released by the Forest Settlement Officer."
This Court is surprised to read such counter-affidavit filed by an officer
contrary to the judgment passed by Forest Settlement Officer, Hazaribagh on
22.12.1962 whereby he has categorically stated that 4.25 acres of land of
cadestral survey of Plot No.1586, Khata No.103 of Village Koshumba, Thana
No.102, Police Station and District- Hazaribagh is hereby released from the forest
demarcation in favour of the petitioner.
This Court has no other option than to draw the attention of the Chief
Secretary, Government of Jharkhand for certain reasons, that in a case of Ranchi,
once this Court has experienced that in-charge, record room has submitted before
this Court, that record is not available and Court shall be informed after record is
made available.
This Court shown its displeasure that what is the method of maintenance of
record by the State Government and thus, copy was earlier sent to the Chief
Secretary, Government of Jharkhand for necessary direction.
Again today in the case of Forest Department, the Assistant Conservator of
Forest, Hazaribag is submitting before this Court that the record is not available
and he has not taken pain to verify from the Office of the DFO, Hazaribagh,
where one of the copy has been sent by the Forest Settlement Officer, Hazaribagh
and thus, evasive reply is being filed before this Court, which put hindrance in
disposal of the cases.
Under the aforesaid circumstances, this Court directs the Principal
Secretary, Department of Forest, Environment & Climate Change, Government of
Jharkhand to file a detail affidavit and action taken against the erring officer(s)
whereby hindrance is being caused in disposal of the cases.
Let the matter appears on 08.06.2022 before the appropriate Bench.
Let a copy of this order be communicated to the Chief Secretary,
Government of Jharkhand for his kind perusal, so as to see the conduct of the
Government Officials in co-operating the judicial proceeding.
Let a copy of this order be also communicated to the Principal Secretary,
Department of Forest, Environment & Climate Change, Government of
Jharkhand and the Deputy Commissioner, Hazaribagh as well as DFO,
Hazaribagh through e-mail or FAX.
(Kailash Prasad Deo, J.)
R.S.
