1 2026:JHHC:24752 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5605 of 2021 ----- 1. Pokhraj Kumar, Aged about 46 years S/o Late Bijaymal Ram 2. Nemdhari Ram, Aged about 55 years son of Late Jaglal Ram. 3. Amrit Ram, Aged about 60 years son of Late Jaglal Ram. All resident of Village Korra, P.O. & P.S. Bali, District-Hazaribagh. ……… Petitioner(s) -Versus- 1. State of Jharkhand 2. The, Secretary, Forest Department, Government of Jharkhand, Main Secretariat, Ranchi, PO -GPO Doranda, PS-Doranda, District- Ranchi. 3. Divisional Forest Officer, East Forest Division, PO- Hazaribagh, P.S- Hazaribagh, Dist-Hazaribagh. ........ Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Kaustav Roy, Advocate For the Respondent(s) : AC to Sr. AAG ------ 10/17.08.2026 Heard the parties. 2. The petitioners initially have prayed for payment of adequate compensation or giving the adequate government land for the petitioner's livelihood on account of illegal construction of forest building over the raiyati land of the petitioners. Further, by way of amendment the petitioners also challenged the reasoned order dated 17.10.2019 passed by the Divisional Forest Officer, Hazaribagh West Division whereby the claim of the Petitioners has been rejected. 3. It is the case of the petitioners that they are claiming that lands of Khata No.60, Plot No.120B total area 4.22 acres of village Kondra, P.S. Barhi District Hazaribagh is recorded in the last Cadestral Survey and settlement in the name of raiyat Laluwa Dusadh and revenue rent receipts have been issued in the name of Laluwa Dusadh. The Petitioners have further contended that Laluwa Dusadh died leaving behind two sons namely Bijaymal Ram and Jaglal Ram. The petitioners are sons of Bijaymal Ram and Jaglal Ram. It is claimed by the petitioners that Forest Department constructed office of Forest Department upon the land in question, without initiation of proceedings under Land Acquisition Act. In this regard, the 2 petitioners had filed Misc. Case No.5 of 2005-06 before Circle Officer, Barhi and prayed for resolving matter and vide order dated 5.10.2005, Circle Officer, Barhi disposed of the aforesaid Misc. Case No.05 of 2005-06 with an observation that office and quarters of Forest Department was constructed over the said land in the year 1956 and as per provisions compensation may be paid to raiyats. Thereafter, the Petitioners preferred W.P.(C) No.6908 of 2006 before this Court and vide order dated 04.04.2019 respondents were directed to dispose of representation of the petitioners, pursuant to which the respondents by reasoned order dismissed the representation of the petitioners. Being aggrieved, the petitioners have filed this writ petition. 4. Learned counsel for the petitioners submits that Forest Department has constructed office and quarters in the year 1953-56 without initiation of proceedings under Land Acquisition Act and no compensation being paid to the ancestor of the petitioners. He further submits vide order dated 5.10.2005 in Misc. Case No.05 of 2005-06, the Circle Officer, Barhi also gave findings that office and quarters of Forest Department was constructed upon the said land in the year 1956 and directed that as per provisions compensation may be paid to raiyats. Thus, it is prayed that order dated 17.10.2019 passed by the Divisional Forest Officer, Hazaribagh West Division may be set-aside and direction be issued to the respondents to give proper compensation to the petitioners. 5. Per contra, learned counsel for the respondents supports the reasoned order dated 17.10.2019 passed by the Divisional Forest Officer, Hazaribagh West Division whereby the claim the petitioners have been rejected. He further submits that Circle officers, Barhi exceeded his jurisdiction while passing the order dated 5.10.2005 in Misc. Case No.05 of 2005-06 as compensation of land is always awarded after following requisite procedure as per law under Land Acquisition Act. He further submits that petitioners or their ancestor kept complete silence for a period of 52 years. Thus, he submits that the writ petition may be dismissed. 6. After hearing the parties and perusing the record, I find that petitioners have prayed for compensation on account of construction of forest building over their the raiyati land in the year 1953-56. They have raised the matter after a lapse of 52 years before Circle officers, Barhi for the first time. Further, in the impugned order dated 17.10.2019 passed by 3 the Divisional Forest Officer, Hazaribagh West Division, it has been observed that petitioners are required to prove their right, title, interest and possession over the land in questions and in absence of any declaration of title over land the land in question no relief for compensation can be granted. 7. Admittedly, the petitioners seek compensation as according to them the same has not been paid. As noticed above, the matter is very old. This Court cannot give any findings on the issue of grant of compensation under Article 226 of the Constitution, that too when it requires the determination of right, title, interest and possession over the land in question. 8 Accordingly, this writ petition is dismissed. Pending interlocutory applications, if any, stand disposed of. 9. However, it will be open to the petitioners to approach the Civil Court of competent jurisdiction for redressal of their grievances and for declaration of their right & title over the property in question, in accordance with law. (ANANDA SEN, J.) 17th August, 2026 Anu/-Cp2. Uploaded on: 20/08/2026