BAM SHANKER RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Satyendra Krishna Prasad, learned counsel for the petitioner and Mr. Sushil Kumar, G.P.22 for the State.

(2.) With the consent of the parties, the writ petition has been heard with the view to final disposal at the stage of admission itself. The petitioner prays for issuance of a writ in the nature of mandamus restraining the respondent Nos.1 to 5 i.e. the State authorities in the Department of Forest including the Authorities coming under the Banka Division to restrain themselves from taking forceful possession over the raiyati land of the petitioner appertaining to Thana No.166 Khata No.39 Khesra No.609 Mauza- Gopdih Harni/ Behelgaro P.S. Chandan in the present District of Banka (old district of Bhagalpur).

(3.) It is the argument of Mr. Prasad learned counsel for the petitioner that the State authorities in its Forest Department in complete misconception of the legal position underlying Sec. 29 of 'the Indian Forest Act' are trying to interfere with the right, title and possession of the petitioner over the plot in question merely on publication of Notification dated 2.12.1955 in the Bihar Gazette Extraordinary dated 25.1.1956, a copy of which is enclosed at Annexure-A to the counter affidavit.