DEVI PRASAD SINGH, S.C.CHAURASIA, J. - (1.) HEARD the learned Counsel for the petitioner, Sri H.P. Sri-vastava, learned Additional Chief Standing Counsel and perused record. The short question involved in this writ petition is, as to whether the Divisional Forest Officer, has got power to impose damage on ac­count of loss caused to the forest land?
(2.) ON receipt of allegation with re­gard to the alleged damage caused to forest land, an F.I.R. was lodged and according to petitioners' Counsel, charge-sheet has been submitted pending for trial before the Court of Chief Judicial Magistrate, Lakhimpur Kheri. Relying upon the con­tents of F.I.R., the Divisional Forest Officer has sent a reference to the District Magis­trate to recover the damages from 150 per­sons including the petitioners. However, in the F.I.R., name of all the persons have not been mentioned. The order of recovery has been challenged on the ground that the Divisional Forest Officer has got no juris­diction to impose damages. It is also stated that without hold­ing a proceeding in accordance with law with due compliance of principles of natu­ral justice, the damages cannot be imposed. The amount of damages imposed on the villagers including the petitioners as ap­pears from the contents of F.I.R., are the same.
(3.) IT has been stated that the matter is pending before the Chief Judicial Magis­trate concerned, Lakhimpur Kheri, who has yet to decide whether the petitioners have damaged the forest land or not. Dur­ing pendency of the case before the Chief Judicial Magistrate, Lakhimpur Kheri, the Divisional Forest Officer, vide order dated 25.3.2009, observed that the petitioners have caused damages to the forest land, in consequence thereof, by the subsequent order dated 1.4.2009, the District Magis­trate has issued order of recovery of amount as damages from the petitioners.;