SULOCHANA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing the order dated 6.5.2002 passed by the Commissioner, Dhanbad in Dhanbad C.N.T. Appeal No. 140 of 1994 as also the order dated 6.10.1994, passed by the Charge Officer, Dhanbad in Janch Badar Case No. 6 of 1994.

(2.) THE facts, in brief, as stated by the petitioner are that one Shiv Kumar Pandey granted settlement of a total area of 10 acres of land in Plot No. 667 (9 acres) and Plot No. 1061 (1 acre) both under Khata No. 170 by terms of a Hukumnama in favour of the petitioner, Sulochana Devi, and, accordingly, she became her Raiyat and came in possession of the settled land. It has also been submitted that in exercise of her rights as Raiayat, she continued in occupation on payment of rent against the grant of rent receipts to the Ex -landlord and also converted the settled land and made the same cultivable into Dhan Khet I, II and III.

(3.) A notification under Section 29 of the Indian Forest Act was issued some time in the year 1964 in respect of 151.85 acres of land out of 172.41 acres of Plot No. 667 and 10.02 acres out of 11.02 acres of Plot No. 1061 of Khata No. 170 and, accordingly, realization of rent was stopped. On account of issuance of the aforesaid Notification, Case No. 2(x) of 1982 -83 was registered before the Circle Officer, Baghmara, praying therein for acceptance of rent in which an enquiry was held and after verification from Forest Department, the land of the petitioner was found beyond the forest demarcation area and, accordingly, an order was passed by the Circle Officer, Baghmara, to continue the rent receipts by enhancing the rent to Rs. 23 per annum. The petitioner, thereafter, continued to pay the enhanced rent against the grant of rent receipts. Thereafter, the State Government passed an order under Section 82 of the Act, directing that a survey be made for preparation of records of rights and steps were taken for preliminary publication of the draft record of rights under Section 83 of the Act and during the course of survey and settlement operation, an area of 10 acres was shown and carved out from Cadastral Survey Plot No. 667 and 1061 and the same was shown in the draft records of right in the name of the Forest department. In the remarks column, the possession of the petitioner was recorded as 'Awaidh Dakhal'.