Arun Tandon, J. - (1.) HEARD learned Counsel for the petitioners and learned Standing Counsel for the State -respondents.
(2.) THE Forest Settlement Officer/Special Officer, Sonbhadra in proceedings under Section 7/11 of the Indian Forest Act in Suit No. 874 passed an order dated 6th December, 2003 declaring the various plots of land to be recorded as reserved forest and all objections raised in that regard were rejected. A further direction was issued that the records may be placed before the Additional District & Sessions Judge, Anpara, Obera on 23rd December, 2003 and the parties may be informed accordingly in view of the judgment of the Hon'ble Supreme Court treating it to be Swayojit Appeal. This/Court may record that Settlement Officer noticed the objections raised by various parties and with reference to the spot inspection made, recorded that at the time of spot inspection, plots were found to be unfit for cultivation and infact a jungle. None of the objectors were found to be in possession of the plots in question nor any cultivation has been done. The objectors failed to establish their possession over the disputed plots since prior to 1385 Fasli. It is in these circumstances that the Settlement Officer directed that the land be treated to be forest land.
(3.) BEFORE the Additional District & Sessions Judge, an application was made by the petitioners, who were non -objectors alleging therein that they are in possession of certain plots for the last so many years and they may be heard by the appellate Court.;