RAJINDER Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) The applicant claims to be in cultivatory possession of 8 bigha of land of Araji No. 19Ga ad-measuring 2.9720 hectare situated in Village Nimiyadeeh, Pargana and Tehsil Duddhi, District Sonebhadra since 1385 Fasli (1978). In 1977-78, the State Government notified District Mirzapur (presently District Sonebhadra) reserved forest under the Indian forest Act.

(2.) It is contended that the forest officials started interfering in the possession of the tenure holders, therefore, the applicant filed a petition before the second respondent Forest Settlement Officer, Sonbhadra which was registered as Misc. Case No. 1087 under Section 9/11 of the Indian Forest Act. It was contended that the notification under Section 4 of the Act was issued without publicity, further, the judgment rendered by the Supreme Court in Banwasi Sewa Ashram Versus State of U.P., decided on 20.11.1986 was not considered. The second respondent rejected the objections on the ground of latches. Aggrieved, the applicant preferred an appeal before the Additional District and Sessions Judge, Anpara, Sonbhadra being Misc. Appeal No. 49 of 2011 which was rejected for the reason that notification under Section 20 of the Indian Forest Act has already been issued, therefore, the appellate authority would have no jurisdiction. The applicant is assailing the orders referred to hereinabove.

(3.) The petition is silent as far as the relevant facts are concerned, it is nowhere stated as to when the State Government declared the area in which the plot of the applicant falls to be a reserved forest.