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Patna High Court

Dinanath PrasadversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The land is a protected area of the Valmikinagar Tiger Reserve and the petition to allow tree cutting is dismissed.

Summary

The petitioner, Dinanath Prasad, filed a writ petition seeking to quash an order dated 25‑11‑2015 that rejected his request to cut a sakhua tree on his raiyati land in West Champaran. He relied on an earlier order of the High Court (C.W.J.C 25370/2013) that had permitted the cutting of the tree. The respondents contended that the land in question had been declared protected forest under the Valmikinagar Wildlife Sanctuary (now Valmikinagar Tiger Reserve) by notifications dated 19‑01‑1954 and 10‑05‑1978, and that the Jamabandi in favour of the petitioner had been cancelled. The court examined the statutory status of the land and held that the protected‑land designation supersedes any private claim to cut trees. Consequently, the petition was dismissed as the land remains part of the tiger reserve and no permission can be granted to fell the tree.

Issues considered

  • Whether the petitioner is entitled to cut a tree on land that has been declared protected forest/tiger reserve.
  • Whether the earlier High Court order permitting tree cutting can be set aside in view of the land's protected status.

Subjects

  • protected forest
  • wildlife sanctuary
  • tiger reserve
  • rai yati land
  • tree cutting
  • writ petition
  • forest law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20025 of 2016
                 ======================================================
                 Dinanath Prasad Son of Late Ramraj Prasad, resident of village and P.O.
                 Naurangia, P.S. Nauragina, District - West Champaran

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar and Ors
           2.    The District Magistrate, West Champaran at Bettiah null null
           3.    The Additional Collector, West Champaran at Bettiah
           4.    The Divisional Forest officer - Cum - Deputy Director Balmiki Tiger
                 Reserve Division - II, Bettiah,
           5.    The Sub Divisional officer Bagaha, West Champaran
           6.    The Deputy Collector, Land Reforms Bagaha, West Champaran
           7.    The Circle Officer, Ramnagar, West Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Randhir Kumar No-1, Advocate
                 For the Respondent/s   :     Mr.Anant Pd. Singh- SC15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-01-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The petitioner has moved the Court for the

                   following reliefs:

                                        “That this application is being filed for
                              issuance of an appropriate writ/writs quashing
                              the office order no.38 dated 25.11.2015 passed
                              by the Forest Divisional Officer-Cum- Deputy
                              Director Balmiki Tiger Reserve Division-II,
                              Bettiah and communicated to this petitioner,
                              whereby the representation alongwith order
                              dated 6.8.2015 passed in C.W.J.C 25370/2013 by
                              this Hon'ble Court filed by the petitioner for
                              allowing the petitioner for cutting and carrying
                              the sakhua tree standing on his own raiyati land
                              bearing Khata No. 75 Khesra No. 635, area 7
Patna High Court CWJC No.20025 of 2016(5) dt.20-01-2026
                                           2/3




                      katha 3 dhur (equivalent to 1.32 Acres situated in
                      Mauza Naurangia in Ram Nagar Circle of
                      District West Champaran was rejected and
                      accordingly respondents may be directed to allow
                      petitioner for availing the property standing in
                      his own land by cutting the Sakhua tree and
                      cutting the same.”

                      3. In view of the above, when the land in question has

          been declared as protected land of the Valmikinagar Wildlife

          Sanctuary, the petitioner cannot be granted permission to cut the

          trees.

                      4. A counter affidavit has been filed on behalf of the

          respondent nos. 2,3, 5, 6 and 7 wherein in paragraph no. 11 to

          13, the answering respondents have categorically stated that the

          land in question was protected in nature. The aforesaid

          paragraphs is reproduced hereinbelow:

                                  “11. That it is also stated that the
                       Division Forest Officer-cum-Deputy Director,
                       West Champaran vide its Letter No. 1287 dated
                       02.07.2013 has requested to the learned
                       Additional Collector, West Champaran at
                       Bettiah to cancel the Jamabandi which has
                       been created in favour of the writ petitioner. It
                       is also submitted by him that 9.45 Acres of land
                       has been declared protected land of the
                       Valmikinagar      Wildlife   Sanctuary     (now
                       Valmikinagar Tiger Reserve) by Notification
                       No. C/P/F/10184/53-344-R dated 19.01.1954
                       and Notification No. S.0.-679 dated
                       10.05.1978.
                                  12. That it is pertinent to mention
                       here that vide Letter No. 160 dated 28.05.2019
                       the     Circle    Officer,    Ramnagar       has
                       communicated to the Additional Collector, West
           Patna High Court CWJC No.20025 of 2016(5) dt.20-01-2026
                                                      3/3




                                  Champaran at Bettiah to cancel the Jamabandi
                                  No. 143 which has been created in favour of
                                  the writ petitioner and has also communicated
                                  to him that the said land belongs to the forest
                                  department and the same has been declared as
                                  the land of Valmiki Forest Reserve.
                                             13. That from the above referred fact
                                  it is clear that the State Government has
                                  already acquired the land above referred by
                                  publication       of      Notification      No.
                                  C/P/F/10184/53-344-R dated 19.01.1954 and
                                  Notification No. S.0.-697 dated 10.05.1978 in
                                  the extra ordinary Gazette of Bihar.”

                                 5. In view of the above, since the land in question is

                     already a protected land of Valmikinagar Tiger Reserve, this

                     application stands dismissed.


                                                                     (Sandeep Kumar, J)

P. Kumar

U


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