MEENA ARYA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/639/2024 · 2025-03-05
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4980 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4980 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 639 of 2024
Meena Arya, W/o Chandrika Prasad, R/o House No. 571, Gujarat Colony, PO & PS-Chas, District-Bokaro … … Petitioner Versus
1. The State of Jharkhand through the Chief Secretary, Ranchi
2. The Principal Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, Ranchi
3. The Divisional Forest Officer, Bokaro
4. The Forest Range Officer, Chas, Bokaro … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR -----
For the Petitioner
: Mr. Ashutosh Pd. Joshi, Advocate
For the Respondent-State : Mr. Mohan Kumar Dubey, AC to AG -----
05/05.03.2025 The present writ petition has been filed for issuance of direction upon the concerned respondent to remove the saplings planted over the petitioner’s land which, according to her, was purchased in the year 1992 and the rent of the same has also been paid to the State Government since 1997.
2.
Learned counsel for the petitioner submits that the petitioner has the right and title over the land appertaining to Khata No. 18, Plot No. 370, Mouza-Kamaldih, District-Bokaro, measuring an area of 5.5 decimals having been purchased by her vide registered sale deed no. 6562 dated 17.10.1992. Thereafter, the said land was also mutated in the name of the petitioner by the
order of the Circle Officer, Chas Circle, Bokaro in Mutation Case No. 1663(vii)/96-97 and correction slip was also issued to that effect. The petitioner has been in peaceful possession of the said land since 1997 and continuously paying the rent to the State Government. However, in the month of September 2023, the petitioner found that the saplings were planted on the said land by the forest department. Aggrieved with the said situation, the
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W.P.(C). No. 639 of 2024 petitioner’s husband represented the forest authorities, however, the same has not been responded, which has compelled the petitioner to prefer the present writ petition.
3.
Mr. Mohan Kumar Dubey, AC to AG appearing on behalf of the respondents, submits that if the petitioner prefers a fresh representation in this regard before the respondent no. 3 – the Divisional Forest Officer, Bokaro, appropriate decision in accordance with law will be taken within a timeframe.
4.
Having heard learned counsel for the parties and considering the nature of prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation in this regard before the respondent no. 3. On receipt of the said representation, the respondent no. 3, after providing an opportunity of hearing to the petitioner/her representative, shall take appropriate decision in accordance with law within six weeks from the date of filing of the representation.
5.
The writ petition is accordingly disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.) Manish