JOGENDER SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION BAREILLY

JUDGEMENT

(1.) Heard counsel for the petitioners.

(2.) This writ petition has been filed by the petitioners praying for quashing of the order dated 25.6.2001 passed by the Deputy Director of Consolidation, Barellly, order dated 15.12.2000 passed by the Settlement Officer of Consolidation Camp at Shahjahanpur and the order dated 25.1.1973 passed by the Consolidation Officer, Shahjahanpur. The petitioners have prayed for quashing of the orders passed in revision Nos. 99, 108 and 109.

(3.) Facts of the case as emerge from the pleadings of the writ petition are ; the dispute relates to Gata No. 41-M (15.00, acres) of Khata No. 103 ; Gata No. 2-M (8.50 acres) of Khata No. 262 and Gata No. 2-M (6.25 acres) of Khata No. 41 situated in village Gahloioya, Paragana and Tehsil Powayan, district Shahjahanpur. A notification under Section 4 of Indian Forest Act, 1927. (hereinafter referred to as the Forest Act) was issued by the State Government proposing the area therein to be declared as reserved forest on 27.3.1954. The concerned Sub-Divisional Officer was appointed as forest settlement officer. Further, a notification under Section 6 of the Forest Act was issued on 29.6.1963. Lastly, notification under Section 20 of the Forest Act was issued on 3.8.1966 declaring the area included therein as reserved forest. Petitioners have stated that the Gaon Sabha executed lease in favour of one Tara Singh of plot No. 41-M on 5.4.1964. Petitioners Nos. 1 and 2 and Mahendra Singh (predecessor-in interest of petitioners No. 3, 4 and 5) claimed to have taken a sale deed dated 7.6.1965 from said Tara Singh and others regarding the plot No. 41-M area 15.00 acres and it is stated in the writ petition that their names were also mutated. Plot No. 2-M area 8.50 acres of Khata No. 262 was claimed to be holding of one Charan Singh and Ratan Singh who sold the same in favour of the petitioner No. 6 by registered deed dated 28.9.1966. Similarly, plot No. 2-M (6.25 acres) of Khata No. 41 was claimed to be holding of one Daya Ram who sold it in favour of the petitioner No. 7.