MANOHAR LAL JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the order dated 8.3.1999 (Annexure -8) passed by the respondent No. 3 (Divisional Forest Officer -cum -Magistrate, Giridih Forest Division, Giridih) in B.P.L.E. Case No. 73 of 1997, whereby and whereunder he held that Plot No. 248 of the Madhuban Notified and Demarcated Forest Land was a public land and accordingly directed the encroachments to be removed within fifteen days. The petitioner is further aggrieved by the order dated 4.11.2000 (Annexure -10) passed by the respondent No. 2 of (Deputy Commissioner, Giridih) in B.P.L.E. Appeal No. 3 of 1999/13 of 1999, whereby and whereunder although he held that possession had been granted to the petitioner by the Civil Court, yet he directed that the parties should approach the competent authority to resolve the matter in relation to possession granted by the Civil Court on the plot in question. He further directed the petitioners not to carry out any non -forest activities such as construction etc. and directed compliance of the Honble Supreme Courts Order.

(2.) THE main ground of attack of the petitioner is that the lands are admittedly raiyati lands belonging to the petitioner, having been acquired by a registered "Patta" in the year 1913 and on the basis of a judgment of a Civil Court, raiyati right and title was declared as far back as in the year 1969, whereafter the petitioner was granted possession through Civil Court and as such summary proceedings under the Land Encroachment Act was not maintainable.

(3.) ACCORDING to the petitioner, by reason of a registered raiyati settlement dated 3.6.1913, the said Society was granted settlement of a total area of 165 acres of Gair Mazurwa Khas land situated on Plot No. 248 and 146 under Khata No. 36 of Village Madhuban by the then Landlord.