- (1.) HEARD learned counsel, appearing for the petitioner and learned counsel appearing for the State.
(2.) LEARNED counsel appearing for the petitioner submits that 73.47 acres of land is recorded in the name of Lord Gautam Budha Temple Trust, still peaceful possession of the trust over the land is being interfered with by the State Government by felling trees standing over it, particularly on both sides of the road leading to falls and therefore, the petitioner raised objection before the authority but when nothing was done in this respect, this writ application was filed praying therein to restrain the authority from cutting/uprooting the trees standing since long on both the sides of road. A counter affidavit has been filed on behalf of the respondents wherein it has specifically been stated that the road, leading to Jonha Fall and Sita Fall from Purulia road is a public road. Previously it was being maintained by the Rural Engineering Organization. After creation of the State of Jharkhand, the road was transferred to the Road Construction Department and it is now being maintained by the Road Construction Department.
(3.) IT has further been stated that both the falls do attract number of tourists and therefore keeping in view convenience of the tourist, said public road leading to both the falls were widened and in that process mainly shrubs and bushes which had grown both the sides of the roads were removed so that tourists may not have any inconvenience. ;