BHAIRAO RAM Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) -This writ petition has been filed by Bhairao Ram (hereinafter referred to as the petitioner) seeking following reliefs :

(2.) SINCE the counter and rejoinder-affidavits have been exchanged inter se parties, with the agreement of the learned counsel for the respective parties, this writ petition is being heard and decided on merit finally at the stage of admission itself in accordance with the Rules of the Court.

(3.) IT may be mentioned here that under Section 17 of the Act, appeal lies from order passed by the Forest Settlement Officer. In the State of U. P., appeal lies to the District Judge, which includes Additional District Judge. IT appears that pursuant to the direction given by the Hon'ble Supreme Court, as mentioned above, objection was filed by one Mahendra Singh and Rajendra Singh, claiming bhumidhari right over an area of 26 bighas and 8 biswas in plot No. 246/1. The Forest Settlement Officer, vide order dated 20.6.1991, held that the possession of Mahendra Singh, Rajendra Singh over 26 bighas and 8 biswas of land is from before 1385 fasli and accordingly, agricultural operations were being done. IT is also far from forest but since it forms part of the river bed, therefore, bhumidhari rights cannot be given and their names be recorded as asami, category III. In respect of rest of the land, he held that it is not legally justified in proposing it to be reserved forest area. IT appears that the number of the plot was changed from 716 to 246. Mahendra Singh and the State of U. P. challenged the aforesaid order by filing appeal which was registered as Appeal No. 7330 of 1991 before the Additional District Judge. The Additional District Judge vide order dated 27.2.1992 allowed the appeal filed by Mahendra Singh and Rajendra Singh and declared them to be bhumidhars. The Divisional Forest Officer, filed a review application before the Additional District Judge, seeking review of the order dated 27.2.1992 which was rejected by the Additional District Judge, vide order dated 9.5.1994. IT appears that Mahendra Singh filed an application seeking recall of the order dated 9.5.1994 on which objection was filed by the Divisional Forest Officer. However, the Divisional Forest Officer also prayed for recall of the order dated 9.5.1994. The Additional District Judge, vide order dated 30.1.1999 recalled the order dated 9.5.1994 and restored the Review Application No. 2810 of 1992 to its original number. Thereafter, the review application has been allowed vide order dated 3.6.2002 and the objection of the Divisional Forest Officer has been upheld and the entire area have been held to be covered under the proposed declaration of reserved forest area under the notification dated 9.4.1969.