SMT. PUSHPA KATOCH Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) THIS petition seeks the quashing of the order dated 28th August, 2009 passed by the Additional District Judge, Bijnor by which the application filed by the Petitioner for being impleaded as a Respondent in the appeal filed by Bikram Singh Mahar under Section 17 of the Indian Forest Act against the order dated 22nd August, 2003 passed by the Forest Settlement Officer, was rejected. The Petitioner has also sought the quashing of the order dated 19th February, 2010 by which the third Additional District Judge, Bijnor has rejected the application filed by the Petitioner for review of the aforesaid order dated 22nd August, 2009.

(2.) IT transpires from the records of the writ petition that notifications were issued under Sections 4 and 6 of the Indian Forest Act. Land of Dan Singh Bisht was also included. One Bikram Singh Mahar, who claimed that a lease deed for 148 Bighas 10 Biswas of land was executed in his favour by Dan Singh Bisht, filed objections against the said notification which were registered as Case No. 835. Dalip Singh also filed objections that lease deed in respect of 216 Bighas of land was executed by the proprietor in his favour. The objections were registered as Case No. 836. The Forest Settlement Officer by the order dated 6th March, 1963 allowed the objections filed by Bikram Singh Mahar and Dalip Singh and excluded the plots mentioned in the order from the limits of the proposed reserve forest.

(3.) BIKRAM Singh Mahar and Dalip Singh filed Writ Petitions in the High Court which were dismissed on 19th November, 1969. Special Appeals were filed against this judgment which were allowed on 15th December, 1972 with a direction to the Forest Settlement Officer to pass a fresh order in accordance with law.