Patna High Court
Dinanath PrasadversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
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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
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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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