STATE OF U.P. Vs. HARI PRAKASH SHUKLA

JUDGEMENT

(1.) Heard Sri S.P. Mishra, learned standing counsel for the petitioner State of U.P. and Sri W.H. Khan, learned senior counsel assisted by Sri J.H. Khan, learned counsel for respondents.

(2.) The dispute in this writ petition is regarding plot No.1058-M, area 80 bighas and plot No.1093, area 21 bighas situate in Tehsil Rabertsganj District Sonebhadra (previously District Mirzapur) i.e. as to whether land was rightly declared as reserved forest or respondents are its bhoomidhars. The proceedings were initiated pursuant to the Supreme Court judgment in Banwasi Seva Ashram Vs. State of U.P. and Ors., 1986 4 SCC 753in respect of lands situate within Dudhi and Robertsganj Tehsils in the District of Mirzapur. Para-1 of the said judgment is quoted below:

(3.) Pursuant to the said order, the four respondents filed objections before Forest Settlement Officer, Chopan, Mirzapur in 1988. Copy of the objections is Annexure-2 to the writ petition. At the end of the application, old number of the plot was mentioned as 276, new numbers of the said plots were mentioned as Plot No.1093-M (part), area 21 bighas and Plot No.1058-M, area 80 bighas. Forest Settlement Officer where case was registered as Case No.581, Hari Prakash Shukla and others Vs. Forest Department decided the matter in favour of the respondents. Copy of the judgment is Annexure-3 to the writ petition. It is undated and learned counsel for respondents admits that the original order does not bear any date. Through the said order, both the plots claimed by the respondents were deleted from the proposal of making them reserved forest and they were declared to be tenure holders. Against the said order, State of U.P. Forest Department filed Appeal No.1961 of 1990, State of U.P. through Forest Department Vs. Hari Prakash Shukla and others. A.D.J., Chopan, Sonebhadra dismissed the appeal through jdugment and order dated 04.04.1991.