AJAY BHANOT,J. - (1.) The petitioner took out the proceedings under Section 9/11 of the Forest Act, 1927 objecting to the declaration of the disputed land as "reserved forest" under Section 4 of the Forest Act, 1927. The proceedings registered as Case No.1733 of 1206 (Meera Devi Vs. Forest Department) before the Forest Settlement Officer, Sonebhadra were rejected by order dated 20.12.2014. The petitioner carried the said order in appeal under Section 17 of the Forest Act, 1927, registered as Misc. Civil Appeal No.91 of 2015 (Meera Devi Vs. Forest Department, Divisional Forest Officer, Kamur Wild Life, Mirzapur) before the learned Additional District Judge, Anpara, District-Sonebhadra. The appeal was dismissed by order dated 07.09.2017.
(2.) The petitioner has assailed the order dated 20.12.2014 passed by the Forest Settlement Officer, Sonebhadra as well as the order dated 07.09.2017 passed by the learned appellate court in this petition.
(3.) Sri Dinesh Prasad, learned counsel for the petitioner submits that the authority of first instance and learned appellate court have erred in law by taking a hyper technical view in the matter of limitation where rights of most substantive nature are involved. Further, the impugned orders have misread the statute and the learned courts below acted contrary to law. He relies on the law laid down by this Court in the case of Hardayal Vs. District Judge and others, reported at 1972 ALJ 649.;