JITENDRA RAI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr.N.K.Pandey and Mr.P.K.Srivastava, learned counsels for the petitioners and Mr.Alok Sinha, learned Additional Chief Standing Counsel, for the respondents.

(2.) The petitioners have challenged the order dated 3.10.1994, passed by the Assistant Sub Divisional Officer/Forest Settlement Officer as well as the orders passed in appeals upholding the order passed by the Forest Settlement Officer.

(3.) By means of order dated 3.10.1994, Forest Settlement Officer cancelled the petitioners' names from the revenue record of Gata No.1886 and issued direction to record the Forest Department over there, on the ground that the land in dispute has been settled with the Forest Department since 1952 and on 31st August, 1959. The Forest Department took over the the possession of the land in dispute, thus it did not remain with the possession of the Land Management Committee, on account of which the Land Management Committee was not empowered to lease out the land in favour of the petitioners in 1963.