ORDER :

1. Heard, learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary assisted by learned counsel, Mr. Ranjit Kumar Tiwary and learned counsel for the respondents-State, Mr. Manoj Kumar, G.A.-III.

2. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has submitted, that petitioners have preferred this writ petition on 17.10.2020 for a direction upon the respondents to release the land of the petitioners measuring 18 acres of land of plot No.296 Village Banji, Thana No.159 of Mandu, the then District:- Hazaribag now Ramgarh, with boundary:-

3. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, that land had been settled in favour of ancestors of the petitioners from Ramgarh Raj in the year 1941. Xerox copy of the hukumnama & Fard Amin report have been brought on record as Annexures 1 and 1/A to the writ petition.

4. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, that on getting the said settlement from Ramgarh Raj the ancestors of the present petitioners have came in exclusive possession of the said land and paid rent to the Ramgarh Raj and accordingly the Ramgarh Raj issued rent receipt, which has been brought on record as Annexure-2 to the writ petition.

5. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary have further submitted, that after vesting of the Jamindari, the State Authorities have also recognized the possession of ancestors of the petitioners and issued rent receipts in favour of them and even after their death in favour of the present petitioners, xerox copy of rent receipt have been brought on record as Annexure-3 series to the writ petition.

6. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, that in the year 1960-62, some dispute has arisen due to the fact that the lands which are in exclusive possession of ancestors of the petitioners are being shown in the map of forest department, prepared in the year, 1961 and the forest officers on the basis of said map started laying claim over the said land, which is in exclusive possession of the ancestors of the petitioners.

7. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, in view of the objection made by the Forest authorities, an application was filed by the ancestors of the petitioners before the Forest Settlement Officer, Hazaribagh, for release of the aforesaid land from the forest area, in which the Divisional Forest Officer (D.F.O) was made party and the Divisional Forest Officer appeared and filed his reply.

8. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, that on the basis of application filed by ancestors of the petitioners, Case No.338 of 1962-63 was instituted and evidence on behalf of both the parties were taken by the Forest Settlement Officer and finally by the order dated 08.12.1962 the land measuring 18 acres of Khata No.1, plot No.296, Village -Banji, Thana No.159 of police station Mandu, District:-Hazaribag now Ramgarh has been released in favour of ancestors of these petitioners.

9. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, that this order was also forwarded to the Divisional Forest Officer, Hazaribagh, vide memo No.117 dated 08.12.1962 and no appeal or revision has been preferred against that said order in last 60 years, thus, order dated 08.12.1962 attains finality.

10. Learned counsel for the petitioners, Mr. Rajeev Ranjan Tiwary has further submitted, that petitioners have filed rejoinder on 27.07.2022 bringing on record, the information provided under Right to Information Act, 2005 by District Land Acquisition Officer, Hazaribagh vide Memo No.828 dated 20.11.2014, that 18 acres of land of Plot No.296 is raiyati