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2019 Supreme(Pat) 1876
IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol CJ, ANIL KUMAR UPADHYAY, JJ.
Ashok Kumar - Appellant
Versus
The State Of Bihar through the Forest Secretary - Respondents
Letters Patent Appeal No. 308 of 2016 In Civil Writ Jurisdiction Case No.6639 of 2004
Decided On : 10-12-2019
For the Appellant :Ms. Surya Nilambari, Advocate
For the Respondents: Ms. Shilpa Singh, Mr. Ranjan Kumar
Headnote:
Indian Forest Act, 1927 – Sections 3 & 4 – Declaration of land as "Forest Land" – Writ petitioner seeking quashing of declaration on the basis of Register II entry and rent receipts obtained in 1939 – it is well settled that revenue records including Register II, are not the documents of title – in the present case, the land in question has been declared as "Bhimbhand Sanctuary" under the Wild Life (Protection) Act, 1972 and even at that stage the Writ petitioner has not approached the appropriate forum/court raising his grievance – by his conduct the petitioner has acquiesed his valuable right by his own conduct in not approaching the court for approximately after 50 years and thus acquiesed and waived his own right – no finding can be arrived at that the writ petitioner's mother did acquire right, title and interest over land in question – in the absence of sale deed as to purchase from Kastkar, as claimed vide legal notice, the claim of the writ petitioner cannot be accepted – no infirmity in the impugned judgment – appeal dismissed – however, no prejudice to be caused to the writ petitioner by the dismissal in seeking alternative remedy. (Paras 17 to 21)
ORAL JUDGMENT :
(Sanjay Karol, CJ)
The present Letters Patent Appeal has been preferred by the writ petitioner/appellant against the oral judgment dated 14.07.2015 passed by the Hon’ble Single Judge in CWJC No. 6639 of 2004.
2. The factual matrix relevant for deciding the present LPA is set out hereinbelow:-
The writ petition/appellant herein filed CWJC no. 6639 of 2004 for the following reliefs:-
“For issuance of appropriate writ or writs to the concerned respondents to bring on record the entire proceedings/orders vide which the lands of the petitioner as referred to below were notified and delimited as forest lands, and upon its production quash the same, AND issuance of appropriate writ or writs to the concerned respondents to bring on record the orders vide which the pillars were erected on the lands of petitioner as referred to below, and upon its production quash the same, AND for issuance of the appropriate writ in the nature of the mandamus directing the concerned Respondents to release the lands of the petitioner which were not notified as forest lands but were taken over and pillar erected by the respondents or Alternatively, for the issuance of appropriate writ or writs to the respondents to pay appropriate compensations to the petitioner as per the applicable laws for notifying the lands of the petitioner as forest land, AND for issuance of such other writ(s), order(s), direction(s).
3. In the writ petition, the writ petitioner has pleaded the following foundational facts:-
“(i) That the land in question which has been alleged to have been acquired by the Respondent(s) originally belongs to the mother of the petitioner namely Sumitra Devi, now deceased, wife of Chandra Maulishwar Prasad, retired District and Sessions Judge.
(ii) That the lands in question measuring about 73.90 acres are situated in the village Gotajor (Anandpur), P.S. Laxmipur, now failing in the district of Jamui carved out of the erstwhile district of Munger, Bihar. The further details of the lands in question are as under :
| Sl. | JAMABANDI
| KHATA NO. | PLOT NO.
| P.S. | AREA ACRE) |
| 1. | 373 | 1 | 2261 | 174 | 06.26 |
| 2. | 373 | 239 | 2262 | 174 | 01.22 |
| 3. | 373 | 239 | 2263 | 174 | 01.24 |
| 4. | 373 | 239 | 2264 | 174 | 18.67 |
| 5. | 373 | 239 | 3727 | 174 | 14.50 |
| 6. | 373 | 239 | 3728 | 174 | 10.00 |
| 7. | 373 | 239 | 3726 | 174 | 12.00 |
| 8. | 373 | 239 | 2498 | 174 | 09.51 |
| 9. | 373 | 239 | 2499 | 174 | 00.50 |
| total | TOTAL |
|
|
| 73.90
|
The said Sumitra Devi was in peaceful possession of the above said land enjoying the right, title and interest without the interference of anybody. Her name was accordingly mutated in Register II of the land records. The petitioner is bringing on record the rent receipts of the year 1939 (prior to the abolition of the zamindari system, rent receipts were issued by the agency of the concerned zamindar), 1959-60, 1984-85, 1992-93 and 2003-04 as well as the photocopy of the relevant page of the Register II, all showing the possession and title of the said Sumitra Devi. Through out the period referred to above till 2001 the petitioner and his father and grandfather has carried on cultivations and agricultural activities on the above said lands.
(iii) That the husband of the said Sumitra Devi and father of the petitioner namely Chandra Moulishwar Prasad, now deceased, had also planted and reared 63 Mahua trees in the above said lands out of his own labour, skill and expenses. Rents for the same was paid and rent receipts were issued in the name of said Chandra Moulishwar Prasad by the State who was the Karta of the HUF of which petitioner was one of the coparceners. Rents have been paid upto the year 2003-2004 for the said trees.
(iv) That in the year 1995 the said Sumitra Devi sold part of the land belonging to the above said plot no. 2264. 9.60 acres of land was
