Dwarika Prasad vs The State Of Bihar & Ors on 26 September, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.4182 of 2008
                                      Dwarika Prasad
                                           Versus
                               The State Of Bihar & Ors

5   26.9.2011

This writ petition has been filed for a direction

respondents 4 and 7 not to interfere with the title and possession

of the land of the petitioner and also for realization of

compensation for cutting the Neem tree and to realize payment

from the Zila Parishad.

The facts are that there was a Neem tree standing on

Khesra No. 2974. The Jamabandi is in the name Bidesi Mistri,

father of the petitioner. The Zila Parishad applied to the District

Forest Officer, Nawada on several occasions stating therein that

they are going to lay down a public road and the tree is just

adjacent to the road concerned and, therefore, they may be

permitted to cut the tree. Without making any enquiry and

without ascertaining the facts as to whether the land was a

public land or raiyati land of the petitioner, the District Forest

Officer granted permission to the Zila Parishad.

Counsel for the State submits that after repeated

request by the Zila Parishad, on the basis of the bona fide

believe that the tree was standing on the public land, the District

Forest Officer granted permission.

Counsel for the Zila Parishad submits that they cut

the tree after being granted permission from the District Forest

Officer.

The question before this court is that can such acts
2

be justified? It was incumbent on the Zila Parishad to state the

correct facts in the application seeking permission. If at all, the

tree was required to be cut, to facilitate the construction of the

road and the drainage, it could only be done by a legal

procedure. In this case all the acts were done without verifying

the factual aspects.

At this stage counsel for the Zila Parishad seeks

permission to file a counter affidavit with respect to the

ownership of the land. The State counsel shall also file a counter

affidavit in this case after taking report from the Circle Officer

with respect to Khata no. 818, plot no. 2374 situate in Mohalla

Mirzapur within Nawada municipality.

List this case on 24. 10.2011 at the top of the list

haque ( Sheema Ali Khan, J .)