SHARDA PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner had approached this court seeking quashing of the order contained in letter no. 4394 dated 4.10.2006 (Annexure-5), whereby the respondents-Forest Officials of the State had initiated proceeding under the Bihar Public Land Encroachment Act, 1956 adopted by the State of Jharkhand treating it to be forest land.

(2.) The case of the petitioner is that in the said plot no. 337 under Khata no. 48, he is the owner of an area of 18 decimals at Village-Kamaldih, P.S.-Chas, District-Bokaro purchased by the petitioner from the petitioner's vendor, Kameshwar Prasad in whose name 'jamabandi' earlier had been opened. It is stated that petitioner no. 2 by virtue of 2 sale deed nos. 5336 and 5337 executed by the vendor, Kameshwar Prasad purchased the said 18 decimals of land in the year 1979 and got her name mutated vide Mutation Case No. 76(VII)/1984-85 and is paying rent thereof, as per Annexures-1 and 2 series.

(3.) Learned counsel for the petitioner further submitted that the proceeding under Section 145 Cr. P.C. in M.P. Case No. 537 of 1979 was initiated at the instance of Forest Department in which the petitioner possession was confirmed by the learned court restraining the Forest Department from interfering with the possession of the petitioner vide order dated 11.3.1980 passed in M.P. Case No. 537 of 1979 (Annexure-3).