INDRAPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. The plaintiffs second appeal arises out of the judgment of District Judge, Banda dated 23-8-1975 in civil appeal No. 4 of 1975, allowing the appeal and setting aside the judgment and decree of Munsif Banda in Original Suit No. 708 of 1969 by which he had decreed the suit for permanent injunction to restrain defendants to demarcate and take possession of plot Nos. 921 area 2 Bigha and 13 Biswa and plot No. 749 area 35 Bigha. For rest of the plots the suit was dismissed.

(2.) THE plaintiff filed the suit stating that he was landlord of village Titihra, Tehsil Naraini, District Banda of agricultural plots, which were situate within his Zamindari. He continued to occupy the land either as Bhumidhari or as sirdar including khalihan and grazing ground. On some of these plots houses were situate. In February, 1969 the employees of Forest Department of the State under the instruction of Divisional Forest Officer, Banda came to him for demarcation and enclosure of these plots under U. P. Private Forest Act, 1935. He did not receive any notification under Section 17 of the Act nor any such notification came to his knowledge. No enquiry was made under Section 18 nor any proclamation was made under Section 19 of the Act. THE defendant did not comply Sections 32 and 33 of the Act and did not issue any proclamation under Section 33. THE defendants had no right to interfere in his possession and to demarcate the land. He claimed permanent injunction in respect of 41 plots having total area of 413 Bigha 1 Biswa.

(3.) THE appellate Court held that once the plaintiff came to know of the move of the Forest Department to take some of his land, he should have made proper enquiries and filed objections in respect of all the land in dispute. Since he had actually taken objections, he cannot succeed on the plea that he had no notice of the proceedings for declaring the land as forest land. THE rights and title of the plaintiff have extinguished under Section 9 of the Act. He cannot obtain a decree from the civil Court against the State and forest for permanent injunction.