(1.) This writ petition has been filed on behalf of the petitioner challenging the orders dtd. 6/2/2023, 13/2/2023 and 22/2/2023 passed by Forest Settlement Officer, Bijnor/respondent no.2 in Case No. 02 of 2022 under Sec. 11(2) of Indian Forest Act.
(2.) Brief facts of the case are that Khasra No.8 was recorded in the name of Raja Harishchandra in basic year Khatauni 1356-1357 F and thereafter name of Kumar Chandra Bhan Singh, father of petitioner was recorded in Khatauni 1358-1359 F. The name of mother of petitioner Risal Manjari Devi, wife of Late Chandra Bhan Singh was recorded in Khatauni of 1372-74 F by the order of Forest Settlement Officer. The land was excluded from reserved forest by the order of Forest Settlement Officer dtd. 28/5/1965 passed in Case No. 680 of 1965 under Sec. 11(2) of Forest Act. The State Government had never issued any notification under Sec. 4 of Forest Act declaring the said land as reserved forest but entries were made by Sub Divisional Magistrate reserving the land as 'Jungle Jhadi'.
(3.) The petitioner had moved an application under Sec. 11(2) of Forest Act challenging the illegal entries made in khatauni and case was registered as Case No. 02 of 2022. The Forest Settlement Officer, Bijnor after considering the report of Sub Divisional Magistrate as well as objection of DGC(Revenue) had passed a detailed order in favour of the petitioner vide judgment and order dtd. 7/12/2022 expunging the "jungle jhadi" and recorded the name of the petitioner. The finding has been recorded by the Forest Settlement Officer, Bijnor that entries of "jungle-jhadi" in revenue record is without any basis and direction was issued to record the name of petitioner being legal heir of Rani Risal Manjari Devi. The order dtd. 7/12/2022 was passed on merits after providing opportunity of hearing to the learned District Government Counsel(Revenue).