GULAB CHAND Vs. ADDITIONAL DISTRICT JUDGE SONBHADRA

JUDGEMENT

(1.) B. K. Roy, J. The prayer of petitioner is to quash the orders passed by Respondent Nos. 1 and 2 in so far as they relate to the acceptance by them of the claim of bhumidhari by Respondent Nos. 3 and 4. His further prayer is to direct Respondent No. 2 to continue the entries as they are.

(2.) SRI S. K. Singh, learned Counsel appearing on behalf of the petitioner, sub mitted that proceeding before the Forest Settlement Officer under Sections 7/11 of the Indian Forest Act were regarding the question whether the land in dispute is agricultural and not in regard to declara tion that it is within reserved forest area and, thus, the forest authority had no juris diction to adjudicate in regard to the right and title over the land in question and, therefore, the order in respect of the land being forest land under Section 131 (a) of U. P. Zamindari Abolition and Land Reforms Act is totally without jurisdic tion. He further submitted that Respon dent Nos. 1 and 2 had no jurisdiction to pass orders conferring bhumidhari rights on Respondent Nos. 3 and 4 which could be adjudicated upon under Section 229-B of the U. P. Z. A. and L. R. Act by the com petent Revenue Court only and, therefore, the orders are liable to be quashed to this extent.

(3.) THE office is directed to serve within 2 weeks a copy of this order on Smt. Sarita Singh, learned Standing Counsel for its communication to the Forest Officer concerned. Petition dismissed. .