- (1.) In the instant writ petition the petitioner Jalal Seikh has claimed that he is a cultivator living within Tenya-Baidyapur Gram Panchayat, P.O. Tenya, District Murshidabad. The Government introduced Jawhar Rojgar Yojona through three tire Panchayat system of the States and instructed to start plantation in different Panchayat area by engaging experienced persons in plantation and maintenance.
(2.) Accordingly, the petitioner entered into an agreement with the then Pradhan, Tenya-Baidyapur Gram Panchayat on 22.10.1988 with the following terms and conditions :- "That as per the Scheme of Jawhar Rojgar Yojona from Nowapara Antur Shala to site of Powa gram in both side of the road the plantation work has been completed by the authority of Tenya-Baidyapur Gram Panchayat. For maintenance of such plant, Jalal Seikh son of Jehed Seikh the inhabitant of Village Nowapara has been entrusted the responsibility for a period of six months on payment of daily wages and after six months said Seikh will not entitled any wages. It may be noted herein that in accordance with law only that person will maintain the said plant. That ownership of 1/2 share of such plant would be in favour of the said person. That with the permission of Gram Panchayat and Forest Department he would have the right to remove the trees according to his share and the panchayat will make plant in those places at their own costs and expenses. It was also mentioned that when the age of the said trees would be 12 to 15 years Jalal Seikh according to his share would done his right to lop the trees and get his share of 1/2 of the total trees"
(3.) In terms of such agreement the petitioner planted more than 2,000 trees namely, Sishu which were matured and could be beneficial for the locality. So on 12th November, 2008 he made a prayer to the Block Development Officer, Bharatpur-ll Development Block (the respondent no. 5 herein) for grant of permission to appropriate 50 per cent share of the trees planted in the year 1988 in between Nowapara Antur Shala and towards Powagram Village.;