STATE OF UTTAR PRADESH Vs. SPECIAL JUDGE

JUDGEMENT

(1.) Heard learned Standing Counsel for the petitioner State.

(2.) This matter has been listed several times but learned Counsel for the Gram Sabha Shri Anuj Kumar has never cared to appear. Today also, in the revised list, he has not cared to appear. Learned Counsel Shri S. Ram, whose name is shown in the cause list has also not cared to appear on behalf of respondent No.3. This writ petition is filed by the State, being aggrieved by the order passed by the appellate authority dated 26.9.98. The appeal was filed by the petitioner being aggrieved by the order dated 16.8.91.

(3.) The facts of the case are that the land in dispute is alleged to be Forest Land in Mauja Bojh belonging to Block Chakiya in District Varanasi. Originally, the Forest Land in dispute belonging to the Kashi Naresh. In the year 1949 the estate of Kashi Naresh merged with the Government of U.P. under the Agreement dated 5.9.1949 and according to the terms of the Agreement, the forest of Banaras State in block Chakia also vested with the State of U.P.