STATE OF UTTAR PRADESH THROUGH COLLECTOR AND FOREST DEPARTMENT THROUGH THE DIVISIONAL FOREST OFFICER Vs. TENGARI S/O RAM AUTAR

JUDGEMENT

(1.) In spite of sufficient service no one appeared on behalf of legal representatives of respondent No. 1 hence only the argument of learned Counsel for the Petitioner State was heard.

(2.) Sri O.N. Asthana the then learned I Additional District Judge, Varanasi through impugned order dated 30.5.1984 passed on appeal under Section 17 of Forest Act 1927 set-aside the notification under Section 4 of the Forest Act. Against the notification under Section 4 of the said Act, no appeal is provided. Appeal is provided against orders passed under Section 11, 12, 15 and 16 of the Act which relate to a decision on the rights of persons in the land declared by notification under Section 4 of the act, which is quoted below:

(3.) Notification under Section 4 of the Act was published in the gazette on 24.9.1954. Respondent No. l filed his claim in the year 1980 under Section 6 and 9 before the Forest Settlement Officer Chakia, Varanasi which was registered as case No. 312 of 1980. The case of respondent No. l was that he had purchased the plot No. 12 area 5 Bigha on 14.4.1969. The objections of respondent No. l were highly belated. All other objections which had earlier been filed either within time or after expiry of time but along with delay condonation applications under] Section 9 of the Act had already been disposed of and matter had been sent to the State for publication of notification under Section 20 of the Act.