CHAUPAL SINGHS Vs. COMMISSIONER GARHWAL DIVISION

JUDGEMENT

(1.) Petitioners represent the residents of village Kinigadl and the respondent No. 4 represents the village Gawani both within the district of Pauri Garhwal. Villagers of Gawani filed application on 4.3.1956 to form a Forest Panchayal in the Forest which is situate within the sal assi boundary of thetr village and the petitioners' viliage raised objection. The Sub-Divisional Magistrate rejected the application on 18.2.1958 and the appeal preferred by villagers of Gawani was allowed. The revision filed was dismissed. Villagers of Kimgadi village filed Suit No. 43 of 1960 which was ultimately decreed on 17.12.1966 recognising customary right of the villagers of Kimgadi in respect of the concerned forest. The first appeal before the learned District Judge was dismissed followed by dismissal of the second appeal filed before this Court. The residents of village Gawani filed application on 17.12.1979 before the Sub-Divisional Magistrate concerned for forming Forest Panchayat. The villagers of Kimgadi village filed objections but such objections were not upheld and, therefore, the villagers of Kimgadi village filed appeal which was rejected. Revision filed against it having also failed, the present writ petition was filed.

(2.) Respondents filed counter-affidavit and rejoinder-affidavit was also filed.

(3.) Heard Mr. M. S. Negi learned counsel for the petitioners and Mr. S. Dhulia, learned counsel for the respondent No. 4.