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2003 Supreme(Jhk) 484

TAPEN SEN
Manohar Lal Jain – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

Tapen Sen, J.

1. In this writ application, the petitioner has prayed for quashing the order dated 8.3.1999 (Annexure-8) passed by the respondent No. 3 (Divisional Forest Officer-cum-Magistrate, Giridih Forest Division, Giridih) in B.P.L.E. Case No. 73 of 1997, whereby and whereunder he held that Plot No. 248 of the Madhuban Notified and Demarcated Forest Land was a public land and accordingly directed the encroachments to be removed within fifteen days. The petitioner is further aggrieved by the order dated 4.11.2000 (Annexure-10) passed by the respondent No. 2 of (Deputy Commissioner, Giridih) in B.P.L.E. Appeal No. 3 of 1999/13 of 1999, whereby and whereunder although he held that possession had been granted to the petitioner by the Civil Court, yet he directed that the parties should approach the competent authority to resolve the matter in relation to possession granted by the Civil Court on the plot in question. He further directed the petitioners not to carry out any non-forest activities such as construction etc. and directed compliance of the Honble Supreme Courts Order.

2. The main ground of attack of the petitioner is that the lands are admittedly raiyati lands belongi























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