STATE OF U.P. Vs. CHANDRAWALI

JUDGEMENT

(1.) Heard Sri L.M. Khare, learned Standing Counsel on behalf of petitioners as well as Sri Lalit Kishore Tiwari, learned counsel appearing for respondent no. 4 and Sri Ravi Prakash Yadav, learned counsel appearing on behalf of respondent nos. 1, 2 and 5.

(2.) By means of present writ petition the petitioner has assailed the judgment and order dtd. 4/4/2012, passed by IVth Additional District Judge, Unnao whereby he has allowed the Civil Appeal No. 45 of 2011 and quashing the order dtd. 30/7/2003, passed by the Prescribed Authority under U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (hereinafter referred to as "the Act, 1972").

(3.) It has been submitted by learned Standing Counsel that notification was issued on 13/6/1961 in exercise of power under Sec. 4(1) of the Indian Forest Act, 1977 declaring certain lands as mentioned in the schedule in district Unnao as reserved forest. According to the petitioner plot no. 564 measuring 0.038 hectares and Plot No. 565 measuring 0.013 hectares, situated at Village - Ajgain, Tehsil - Hasanganj, District - Unnao are recorded in the name of Forest Department as per khatauni for fasli year 1403 - 1408.