Meena Arya Vs the State of Jharkhand through the Chief Secretary — Jharkhand HC (2025) — LawSathi Research

Meena Arya Vs the State of Jharkhand through the Chief Secretary — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to prefer a fresh representation before respondent no. 3 (Divisional Forest Officer, Bokaro); respondent no. 3 to give an opportunity of hearing to the petitioner/her representative and take an appropriate decision in accordance with law within six weeks from the date of filing of the representation.

Issue for consideration

Whether a direction should be issued to the concerned respondent to remove the saplings planted by the Forest Department over the petitioner's land, which she claims was purchased in 1992, mutated, possessed peacefully since 1997, with rent continuously paid to the State Government.

Court's answer

Without entering into the merit of the case, considering the nature of the prayer, the petitioner is given liberty to prefer a fresh representation before respondent no. 3 (Divisional Forest Officer, Bokaro).

Ratio / Principle

On receipt of the fresh representation, respondent no. 3 shall, after providing an opportunity of hearing to the petitioner/her representative, take an appropriate decision in accordance with law within six weeks from the date of filing of the representation.

Detailed headnote1 paragraphs

W.P.(C) No. 639 of 2024, High Court of Jharkhand at Ranchi (Rajesh Shankar, J., sole member), decided 05.03.2025. Petitioner Meena Arya sought a direction for removal of saplings planted by the Forest Department in September 2023 over her land at Khata No. 18, Plot No. 370, Mouza-Kamaldih, District-Bokaro (5.5 decimals), purchased vide registered sale deed no. 6562 dated 17.10.1992, mutated in Mutation Case No. 1663(vii)/96-97 by the Circle Officer, Chas Circle, Bokaro, in her peaceful possession since 1997 with rent continuously paid to the State Government; representations by her husband to the forest authorities went unanswered. Without entering into the merit of the case, the Court gave the petitioner liberty to prefer a fresh representation before respondent no. 3 – the Divisional Forest Officer, Bokaro; on receipt thereof, respondent no. 3, after providing an opportunity of hearing to the petitioner/her representative, shall take an appropriate decision in accordance with law within six weeks from the date of filing of the representation. The writ petition was accordingly disposed of with the aforesaid liberty and direction.

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

The State of Jharkhand through the Chief Secretary, Ranchi

The Principal Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, Ranchi

The Divisional Forest Officer, Bokaro

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

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

W.P.(C). No. 639 of 2024