Ashok Bhushan, J. - (1.) These six writ petitions have been filed challenging the same order dated 25.6.2001 passed by the Deputy Director of Consolidation, Bareilly Camp at Shahjahanpur under Section 48 of the U. P. Consolidation of Holdings Act and the order dated 15.1.2000 passed by the Settlement Officer of Consolidation and the order dated 25.1.1973 passed by the Consolidation Officer.
(2.) The facts and dispute in these six writ petitions raise common questions hence they are being decided by this common judgment.
(3.) Writ Petition No. 37860 of 2001 (which is being treated as leading case) gives the facts in detail. The facts as stated in the aforesaid writ petition are that the proceedings under provisions of the U. P. Consolidation of Holdings Act. 1953 (hereinafter referred as '1953 Act') started in village Gahlulya, District Shahjahanpur. In basic year khatauni. Plot No. 2 was recorded as reserved forest in Khata No. 262. An objection was filed by the petitioner Harish Chand Slngh under Section 9A (2) of '1953 Act' that the petitioners have taken lease of the aforesaid plot area 50,00 acres from Zamindar before abolition of Zamindari. It was stated that area in the name of forest has wrongly been recorded in Khata Nos. 262 and 263 and the said area be scored out from the khata of reserved forest. Forest Department also filed an objection that land recorded in the name of Forest Department is correct and the various area of same plots is wrongly recorded in the name of different tenure holders which is liable to be scored of. It was submitted by the Forest Department that Plot Nos. 2, 45 and 41 are reserved forest. Notification under Sections 4, 6 and 20 under the Indian Forest Act, 1927, (hereinafter to be referred as the '1927 Act'), has been issued with regard to land recorded as forest hence there is no right of any tenure holder in the aforesaid land. It was stated that the notification under Section 4 of '1927 Act' was issued on 16th March. 1954 and published in the U. P. Gazette. The proclamation under Section 6 of the U. P. Act was issued on 20.6.1963 and ultimately the notification under Section 20 of Forest Act was issued on 3.8.1966. Apart from petitioners where as several other tenure holders filed objections claiming different area either on the basis of sale deeds from different persons or lease from the Gaon Sabha or erstwhile Zamindar. Similar dispute was raised under Section 9A (2) where tenure holders from which other writ petitions being Writ Petition Nos. 37863 of 2001, 37866 of 2001, 37868 of 2001, 41227 of 2001 and 41319 of 2001 have arisen.;