KAMLESH KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The three petitioners herein have prayed for an appropriate direction to the authorities of the Forest department including the District Magistrate-cum-Collector, Araria to restrain them from interfering in any manner with the right, title and possession of the petitioners over Plot No.3570, Khata No.360, Mauza-Haria in the district of Araria in purported exercise of rights under Notification No.CF.-17625, 67-2113-R dated 22.7.1967 issued under section 29 of the Indian Forest Act (hereinafter referred to as 'the Act') declaring the area under Haria Thana in the then district of Purnea and presently Araria as 'protected forest' which comprises several plots including the plot of the petitioners bearing No.3570.

(3.) It is not in dispute that these petitioners are purchasers of the plot from the title-holder in the year 1988. The grievance of the petitioners is that the authorities of the Forest department including the District Magistrate, Araria in complete misconception of the powers vested in them under the notification dated 22.7.1967, a copy of which is annexed as Annexure-1 to the writ petition, are trying to interfere with the right, title and possession of the petitioners over the plot in question.