ABID ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed against the order dated. 10.05.2011, passed in Misc. case No.- 48/2010-11, whereby and whereunder the application filed by the petitioner asking the Circle Officer to issue rent receipts has been rejected on the ground that the LPA is pending before this Hon'ble Court. Heard the Learned Counsel for the petitioner as well as respondent - State and perused the; record.

(2.) Learned Counsel for the petitioner submitted that the petitioners land is not included in the. forest land and the plot bearing No. - 884 khata No. - 153 at measuring about 2 (two) acres is outside the forest area, which has been demarcated as 36.9 acres forest land and, therefore, the authority failed to appreciate this material aspect and thereby committed an error in rejecting he application submitted by the present petitioner.

(3.) As against this, the Learned Counsel for the respondent submitted that the land in question is forest land and, therefore, the authority concerned has taken the correct view while rejecting the application submitted by the petitioner. It is further submitted that since the subject matter is sub judice before this Hon'ble Court in L.P.A. filed by the State against the order passed by the learned Single Judge of the Court whereby the order passed by the Circle Officer, Kanke is in respect of the land in question is set aside. Therefore, according to counsel for the respondent, the authority concerned has not committed any error while; passing the said order.