KISHOR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel appearing for the Petitioner and learned Counsel for the State.

(2.) Learned Counsel for the Petitioner submits that more than three thousand Khair trees had been planted over the raiyati land measuring 59.22 acres bearing Plot Nos. 4, 21, 23, 24, 26, 27, 28, 30, 31, 33, 29, 36, 107 & 108, 111, 112, 114 & 117 of Village-Harinamarh, Tola Pachpahari, P.S.-Chainpur, District-Palamau, by late Rajeshwar Tiwari. When those plants got matured for its cutting and selling, one Ram Krishna Tiwari, son of Late Rajeshwar Tiwari sought permission from the official of the Forest Department to cut the trees, but at that time objections were raised by the sisters and brothers of said Ram Krishna Tiwari. When on account of objections being raised, permission was not granted, the Petitioner moved to this Court vide W.P.(C) No. 3746 of 2003, with a prayer to direct the Respondents to give permission to cut and sell the Khair timber in the open market. In the said case, the sisters and brothers of Ram Krishna Tiwari appeared and took a plea that they do not have any objection in granting permission to cut the trees. Upon it, the case was disposed of, directing the Petitioner to make proper application with no objections of brothers and sisters so that necessary decision in the matter for grant of permission be taken by the authorities. Thereupon the competent authority on taking into account that no objections had been granted by the sisters and brothers of Ram Krishna Tiwary, permission was accorded to Ram Krishna Tiwary to cut the Khair trees.

(3.) Thereafter, Ram Krishna Tiwari executed a deed of power of attorney in the Year, 2005 in favour of the Petitioner authorising him to cut the trees and to take it to the depot of the State Trading Division. Pursuant to that transit permit on being issued in favour of the Petitioner, trees standing over the plots, not of all the plots were cut and were brought to the depot of State Trading Division, Chainpur so that the same be sold by the Corporation and the proceed be handed-over to the Petitioner after retaining the commission.