Jharkhand High Court
Ramdhani Mahto vs The State Of Jharkhand on 24 October, 2019
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 5297 of 2019
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1.Ramdhani Mahto
2.Deg Narayan Mahto Petitioners Vs.
1.The State of Jharkhand
2.The Principal Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi
3.The Principal Secretary, Department of Forest and Environment, Government of Jharkhand, Ranchi
4.The Division Forest Officer-Cum-Collector, Giridih
5.The Dy. Commissioner, Giridih.... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioners : M/s Shadab Bin Haque, Debarsi Mondal, Ankit Apurva, Advocates For the Respondents : Mr. Akshay Verma A.C to Sr.S.C. I
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th Order No. 02 : Dated 24 October, 2019 This writ petition is under Article 226 of the Constitution of India whereby and whereunder notice bearing letter no. 1322 dated 09.05.2019 issued by the Divisional Forest Officer-Cum- Collector, Giridih Forest Division, Giridih in BPLE Case No. 18/2018 has been assailed, by which the petitioners have been asked as to why they be not removed from the land pertaining to plot no. 2 and 3, P.S. Birni, P.S. No. 109, District-Giridih comprising an area of 4.17 acres, which has been encroached by the petitioners.
Mr. Shadab Bin Haque, learned counsel for the petitioners has submitted that the respondents are time and again harassing the petitioners by issuing similar type of show cause notice while the petitioners in pursuance to the earlier show cause notice has replied but instead of adjudicating the issue another show cause notice has been issued in continuation of the earlier notice, hence, the present writ petition.
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Mr. Akshay Verma, A.C to learned Sr. S.C. III has submitted that if it is so, direction may be passed upon the authorities to decide the issue by taking decision in accordance with law.
This Court, after hearing learned counsel for the parties and with their consent, without entering into the claim of the petitioners, even accepting the argument advanced on behalf of petitioners that in earlier occasions also show cause notice has been issued, which has duly been replied, but since a regular proceeding, being BPLE Case No. 18/2018 has been initiated and in pursuance thereof the impugned notice has been issued, therefore, it would be just and proper for this Court to direct the petitioners to put forth his defence before the Divisional Forest Officer-Cum-Collector, Giridih Forest Division, Giridih, for its consideration in accordance with law.
In view thereof, the petitioners are at liberty to file the detailed reply along with the relevant documents showing their title within two weeks from the date of receipt of copy of this order. The concerned authority shall decide the claim of the petitioners, within a period of three weeks from the date of receipt of such defence, in accordance with law.
Future action will depend upon the consequence thereto and direction herein above.
Accordingly, the writ petition stands disposed of.
(Sujit Narayan Prasad, J.) Alankar/-