KAMAL KUMAR SINGHANIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AN Encroachment Case No. 01/98 was filed to take steps for eviction of the petitioners under provisions of Sec. 66 -A of the Indian Forest (Bihar Amendment) Act, 1989 read with Sec. 6 of the Bihar Public Land Encroachment Act, 1956. It was alleged that the petitioners have encroached forest land on Plot No. 11 of Village Chakla, P.S. Ormanjhi, P.S. No. 32, district Ranchi. The complaint petition was filed by the Director, Bhagwan Birsa Jaiwik Udyan, Ranchi.

(2.) M /s. Vinimay Leasing Finance Pvt. Ltd. through its Director, having received a notice vide Memo No. 1910, dated 23rd May, 1998, moved before this Court in CWJC No. 1886/98(R). In the said case, this Court taking into consideration that the petitioner of the said case claimed right and title in respect of the land, in question, and relied on one or other orders passed by the State authorities and the fact that the respondents in their counter affidavit disputed the right and title of petitioner, vide order dated 19th February, 1999 directed the petitioner to bring the fact to the notice of the Divisional Forest Officer, Ranchi before whom the land encroachment proceeding, in question, is pending.

(3.) THE petitioners appeared in the Court of Collector -cum -Divisional Forest Officer, Ranchi East, Forest division, Ranchi and filed objection in Encroachment Case No. 1/98. The petitioners brought on record the evidences, such as Khatian, Registered sale deeds dated 20th July, 1935 and 13th March. 1997; Mutation papers; Maps; correction Slip; orders passed by the D.C.L.R., Ranchi, S.D. O. Sadar, Ranchi; Deputy Commissioner, Ranchi and Commissioner South Chotanagpur, Ranchi in support of their claim of right and title over the land, in question.