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2023 Supreme(Jhk) 632

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Hari Ram - Appellant
Versus
The State of Jharkhand, through its Chief Secretary, Ranchi – Respondent
W.P.(C) No. 5650 of 2021
Decided on : 31-07-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Niraj Kr. Singh
For the Respondents: Mr. Binit Chandra, A.C to A.A.G-III

Headnote:

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - Issuance of ‘Van Bhumi Patta’ - Demarcate and carve out lands - Prayer has been made for issuance of direction upon concerned respondents to demarcate and carve out petitioners’ respective lands for purpose of issuance of ‘Van Bhumi Patta’ in their favour – Held, SDLC headed by respondent No.7 is directed to verify factual contention of petitioners that their claims for issuance of ‘Van Bhumi Patta’ with respect to their respective lands as recommended by Gram Sabha, have been received in office of SDLC - If it is found that same have been received in said office, petitioners’ claims, as proposed by Gram Sabha, shall be processed and due steps, as required under Act, 2006, shall be taken - Writ petition is disposed of.

JUDGMENT :

1. The present writ petition has been filed for issuance of direction upon the concerned respondents to issue ‘Van Bhumi Patta’ in the names of the petitioners, who are the members of Scheduled Caste and Scheduled Tribe and are the landless persons as well as are dwellers of the forest land cultivating the same for their livelihood since long. Further prayer has been made for issuance of direction upon the concerned respondents to demarcate and carve out the petitioners’ respective lands for the purpose of issuance of ‘Van Bhumi Patta’ in their favour. The petitioners have also prayed for directing the respondent No.8 to enter their names in revenue record i.e. Register-II with respect to their respective lands.

2. Heard learned counsel for the parties and perused the contents of the writ petition.

3. According to the petitioners, one Binod Uraon, the President of Vanadhikar Samiti of Village-Kumba Khurd, Block-cum-Circle-Nagatr Untari, District-Garhwa requested the respondent No.4 vide letter dated 20.06.2019 annexing the list of 142 claimants, who were forest dwellers, to take appropriate action for issuance of ‘Van Bhumi Patta’ with respect to their respective lands, area of which were mentioned in the said list, in terms with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 [hereinafter referred to as ‘the Act, 2006’]. Thereafter, the respondent No.6 vide letter No. 1231 dated 01.07.2019, asked the respondent No.8 to convene a meeting of Gram Sabha making enquiry with respect to the facts mentioned in the said letter of Binod Uraon and to forward the claims of the eligible persons with recommendation to the respondent No.7 within 15 days to take further steps in this regard. Subsequently, meetings of Gram Sabha were convened on various dates and on recommendation of the Gram Sabha, the Circle Officer, Nagar Utari vide letter No. 392 dated 15.12.2020, sent the records relating to the claims of different persons including the petitioners to the respondent No.7 for issuance of ‘Van Bhumi Patta’ to them.

4. The petitioners have contended in the writ petition that the respondent No.7 presides over the Sub-Divisional Level Committee (SDLC), which processes the claims of the persons for issuance of ‘Vana Bhumi Patta’ under the Act, 2006. However, despite receipt of respective claims of the petitioners for the said purpose, the SDLC headed by the respondent No.7 has not taken further steps in this regard and has not sent the same to the District Level Committee headed by the respondent No.4. Under the said circumstance, the petitioners have been compelled to prefer the present writ petition.

5. Having heard learned counsel for the parties and considering the nature of the prayer made in the present writ petition, the SDLC headed by the respondent No.7 is directed to verify the factual contention of the petitioners that their claims for issuance of ‘Van Bhumi Patta’ with respect to their respective lands as recommended by the Gram Sabha, have been received in the office of the SDLC. If it is found that the same have been received in the said office, the petitioners’ claims, as proposed by the Gram Sabha, shall be processed and due steps, as required under the Act, 2006, shall be taken. The said exercise is to be completed by the SDLC headed by the respondent No.7 within eight weeks from the date of receipt/production of a copy of this order.

6. The present writ petition is accordingly disposed of with the aforesaid direction.

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