HARI SHANKER SINGH & ORS. Vs. DISTRICT DEPUTY DIRECTOR OF CONSOLIDATION/COLLECTOR, SONEBHADRA & ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) IN nutshell, the case of the petitioners is that the Village Bhainswar, Pargana Badhar, Tehsil Ghorawal (Formerly Robertsganj), District Sonebhadra was noticed for consolidation operation under Section 4 of the U. P. Consolidation of Holdings Act on 21.7.1987. On 23.11.1982, the Forest Settlement Officer passed an order directing the name of the Forest Department to be expunged from the land in dispute and the names of the petitioners be recorded as the plots are bhumidhari of the petitioners. The consolidation proceedings have been finalized upto the stage of Section 10 of the Act and the rights and title of the petitioners had been decided, but the entire proceedings were cancelled by the District Deputy Director of Consolidation vide order dated 26.5.1992. Against the order of cancellation of consolidation proceedings, the Forest Department filed an appeal before the Settlement Officer of Consolidation, which was dismissed by the Settlement Officer by the order dated 28.4.1995. Without taking recourse to the proceedings, the respondent No.1 passed the impugned order.

(3.) REFUTING the allegations of the learned Standing Counsel, learned Counsel for the petitioners submits that the Forest Department has always been acting, without looking into the records or verifying the facts even from the Gazette published by them. In the impugned order, it says that the Gazette under Section 4 (1), in respect of plot No. 555N has been issued and thus, the land vests with the Forest Department. It is brought to the notice of the Court that no notification under Section 4 (2) has been issued. The notification under Section 4 (2) is claimed to have been issued on 18.3.1968 which was published on 10.8.1968.