SATTAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD.

(2.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the prder dated 17-11-2007, passed by respondent No. 2.

(3.) BRIEF facts of the case are that various writ petitions No. 275 of 2006 (M/b), 393 of 2007 (M/b) (New No. 1446 (M/s) of 2007), 395 of 2007 (M/b) (New No. 1445 (M/s) of 2007), 391 of 2007 (M/b) (New No. 1442 (M/s) of 2007), 394 of 2007 (M/b) (New No. 1444 (M/s) of 2007), 396 of 2007 (M/b) (New no. 1443 (M/s) of 2007), 392 of 2007 (M/b) (New No- 1446 (M/s) of 2006), were filed in this Court, which were disposed of by this court in which directions were issued to consider the representations of the petitioners in the light of the provisions of the Schedule tribes and Other Traditional Forest dwellers (Recognition of Forest Rights) Act, 2006. The petitioners in said case and the present petitioner have sought rehabilitation in the forest land as they allegedly belong to community of Ban Gujars, who used to live in the forest land. It is further prayed by the petitioner in the present case that he may not be dispossessed. In the aforesaid writ petitions other petitioners of said cases, made similar prayer. It appears that in compliance of order dated 20-6-2007, passed in writ petition No. 275 of 2006 (M/b), which was filed by one Gujar Kalyan Samiti, the representation of the members of said Society and the other petitioners of aforesaid writ petitions, who claimed similar rights were considered and respondent No. 2 rejected the representations on the ground that the scheduled Tribe and Other Traditional dwellers (Recognition of Forest Rights) Act, 2006, has yet not come into force. And no right can be given under said Act to the petitioners.