K S R SWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Lt. Col. K. S. R. Swami has moved the High Court for grant off a writ under Article 226 of the Constitution for, the purpose of calling up and quashing the order of the State Government conveyed in a telegram, dated 10-6-1954 (copy of which is annexure F to the application) and also the order of the Divisional Forest Officer dated 1-5-1954 (copy of which is annexure D to the application) prohibiting the petitioner from reclamation of certain area of forest land.

(2.) On 22-11-1945, the petitioner obtained settlement of a tract of land measuring 245.69 acres in village Singhpur, tauzi No. 3160, located in the district of Gaya. The petitioner obtained this settlement from Maharaj Kumar Gopal Saraih Narain Singh of Tekari, who was the proprietor at the time. Sometime in September, 1952 the petitioner applied - to the State Government for grant of a loan under the Land Improvement Loans Act. A loan of Rs. 10,000.00was granted to the petitioner, and as security for the loan the petitioner gave 150 acres out of the disputed land. On 8-9-1952, the Additional Sub-divisional Officer of Gaya wrote to the petitioner asking him to bring the waste land into culturable condition., on 30-9-1952 a notification was -issued under the Bihar Land Reforms Act and by virtue thereof title to the entire Tekari Raj Estate including the disputed land became vested hi the State of Bihar. Subsequently, the State Government issued a notification under the proviso to Section 29 (3), Forest-Act. The notification was issued on 2-1-1953, and the State Government declared, pending an enquiry into the matter, the lands comprised in village Singhpur to be protected forest lands. There is another notification on 29-5-1953 under Section 30, Forest Act. Under the, provision of this section the State Government prohibited the digging or clearing up of the soil for cultivation of the land of village Singhpur. Meanwhile, the employees of the Forest Department attempted to erect forest pillars inside the land. On 5-4-1954, the Additional Collector of Gaya along with the Divisional Forest Officer went to the disputed land and made a local inspection. On 8-4-1954 the petitioner applied to the Collector for permission to start reclamation of the land. On 22-4-1954, the Collector gave the petitioner permission to reclaim the land (vide annexure Clause to the application). Annexure C1 states :

(3.) On behalf of the petitioner the argument was put forward that the order of the State Government dated 10-6-1954 and also the order of the Divisional Forest Officer dated 1-5-1954 were illegal and completely without jurisdiction, Mr. P. R. Das appearing for the petitioner submitted that the Collector was the 'only' authority vested with statutory power under R. 8 to permit reclamation of land. It was contended by learned Counsel that power was not vested in the State Government under the rule, and the State Government had, therefore, no authority to order the Collector to withdraw his order, in my opinion, the argument of learned Counsel is well-founded and must prevail. Rule VIII of the rules framed by the State Government under Section 32, Forest Act, is to the following effect :