2026:JHHC:5759 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2899 of 2018 --------- Kishore Tiwary, aged about 55 years, Son of Late Braham Deo Tiwary, Resident of Village Harinamadh, P.O. & P.S.-Chainpur, District-Palamau, Jharkhand. ......Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Jharkhand Forest & Environment Department, Nepal House, P.O. & P.S. Doranda, District-Ranchi. 3. The Principal Chief Conservator of Forest, P.O. & P.S. Doranda, District-Ranchi. 4. Jharkhand State Forest Development Corporation Ltd. through its Managing Director, having its office at Hinoo, P.O.-Hinoo, P.S. Doranda, Dist. Ranchi. 5. The Regional Chief Conservator of Forest, Palamau, P.O. & P.S. Daltonganj, District-Palamau. 6. The Divisional Forest Officer, North Division, Daltonganj, P.O. & P.S. Daltongaj, District-Palamau. 7. The Divisional Manager, Minor Forest Produce Project Division, Garhwa, P.O., P.S. & Dist. Garhwa. 8(a). Most. Sarda Kunwar, aged about 70 years, wife of late Bamkesh Tiwary @ Vyomkesh Tiwary, resident of village Harinamadh, P.O. & P.S. Chainpur, Dist.-Palamau (Jharkhand). 9. Shri Brikeshwar Tiwary, S/o Late Rajeshwar Tiwary, Village- Harinamadh, P.S. Chainpur, Dist.-Palamau. 10. Shri Ramkrishna Tiwary, S/o Late Rajeshwar Tiwary, Village- Harinamadh, P.S. Chainpur, Dist.-Palamau. 11. Shri Nagendra Tiwary, S/o Late Rajeshwar Tiwary, Village- Harinamadh, P.S. Chainpur, Dist.-Palamau. 12. Shri Ravindra Tiwary, S/o Late Rajeshwar Tiwary, Village- Harinamadh, P.S. Chainpur, Dist.-Palamau. 13. Smt. Dulari Devi @ Janak Dulari Devi, wife of Bhagwat Tiwari, aged about 55 years, resident of H.No.6, Mohalla & P.O.-Palli, P.S.-Ratu, Dist.-Ranchi. 14. Smt. Madodora Devi, aged 67 years, wife of Ram Janam Dubey, resident of Village Gobardhanpur, P.O. & P.S. Ankorhi Gola, District Rohtas. 15. Smt. Samundar Devi, aged 65 years, wife of Mahendra Kumar Upadhyay, resident of Village and P.O. Murmusi, P.S. Lesliganj, District Palamau. 16. Smt. Sabita Devi @ Sunita Kumari, aged 40 years, wife of Sumer Tiwari, resident of Tildag, P.S. Garhwa, and District Garhwa. 17. Ramanuj Tiwary, S/o Late Rajeshwar Tiwary, aged about 81 yrs., resident of village - Sarja, P.O. Palpal, P.S. Satbarwa, Palamau, Jharkhand. 18. Kripal Tiwary, S/o Late Rajeshwar Tiwary, aged about 77 yrs, resident of village – Sarja, P.O. Palpal, P.S. Satbarwa, Palamau, Jharkhand. .....Respondents 2026:JHHC:5759 2 --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Rajeev Ranjan Tiwary, Advocate Mr. Ranjit Kumar Tiwari, Advocate For the Respondent(s) : Mr. Niraj Kishore, Advocate Mr. Amitesh Kumar Geasen, A.C. to AAG-IA Mr. Jai Shankar Tripathi, Advocate Mr. Amandeep Kumar Pandey, Advocate --------- 27/Dated:-26.02.2026 1. Heard learned counsel for the parties. 2. The instant application was initially preferred for the following reliefs: i. To quash/set aside the letter no. 824 dated 31.05.2018(Annexure-11) issued by the Divisional Manager, Minor Forest Produce Project Division, Garhwa i.e. Respondent No. 7 whereby and whereunder Raiyati land owners have been asked to collect themselves an amount of Rs. 35,12,926/- in lieu of the cut Khairwoods. ii. For direction upon the respondents to make payment of the proceeds of sale of Khairwood in tune of Rs. 35,12,926/-alongwith interest from the date of lying of Khairwood in the Forest Department to the petitioner as it is the petitioner who had been authorized by the department time and again to cut/fell the Khairwoods by the raiyati land owners. 3. During pendency of this application, a supplementary counter affidavit has been filed on behalf of respondent Nos. 4, 6 and 7 dated 07.08.2025 wherein it has been admitted by the concerned respondents that they have earlier paid some amount for 3,400 trees of Khair Wood; however, Rs.35,12,926/- still remains to be paid to the petitioner. For brevity para 6 and 7 is extracted hereinbelow: “6. That the Respondent states and submits that it is further clarified that the Petitioner has after successfully execution of the tender allotted for the sale of the Khair wood was paid the requisite amount from the concerned division, after the deduction of the handling charges of 10% in favour of Jharkhand State Forest Development Corporation. 7. That the Respondent further states and submits that all the expenses for the said 3400 trees of Khair wood has already been made by the Petitioner, and for which the amount in two stages has been paid to the Petitioner. However, the amount of Rs. 35,12,926/-(Rupees Thirty Five Lakhs twelve thousand nine hundred twenty six only) (3rd Installment) is currently kept in the concerned division.” 4. Having regard to the aforesaid averments, this Court 2026:JHHC:5759 3 passed the following order on 25.11.2025:- “Para 7 of the supplementary counter affidavit filed on behalf of respondent no. 4, 6, 7 dated 07.08.2025 reads as under: “7. That the Respondent further states and submits that all the expenses for the said 3400 trees of Khair wood has already been made by the Petitioner, and for which the amount in two stages has been paid to the Petitioner. However, the amount of Rs. 35,12,926/- (Rupees Thirty Five Lakhs twelve thousand nine hundred twenty six only) (3rd Installment) is currently kept in the concerned division.” 2. In view of the statements made in para 6 and 7 of the said supplementary counter affidavit, nothing much survives in the present writ petition. However, the respondent-State is directed to file further affidavit with regard to release of the amount to the petitioner. 3. Put up this case after four weeks.” 5. Today, learned counsel for the petitioner fairly submits that the instant application may be disposed of by directing the concerned respondents to pay the balance admitted amount of Rs.35,12,926/-. 6. Learned counsel for the respondents submits that since no supplementary counter affidavit has been filed pursuant to the order dated 25.11.2025; as such, he is having no instruction as to whether the said admitted amount was for Rs. 35,12,926/-, however, the instant application may be disposed of for paying admitted amount to the petitioner after verification of records. 7. Having regard to the aforesaid submission, the instant application stands disposed of by granting liberty to the petitioner to approach the concerned respondents by filing a representation along with the documents to show his dues. 8. The moment the petitioner will approach the concerned respondents, he will verify the record of the case and if at all, any amount still remains to be paid, the same shall be paid within a period of 10 weeks from the date of receipt of such representation. 9. With the aforesaid observation and direction, the 2026:JHHC:5759 4 instant writ application stands disposed of. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) FEBRUARY 26, 2026 vikas/- uploaded 12.03.2026