RAJIV SHARMA,J. - (1.) CASE called out. Counsel for the contesting respondent is not present. This case pertains to the year 1984 and is quite old. It is listed in hearing list. On number of occasions, the case was listed but could not be heard due to non-cooperation of the Counsel.
(2.) HEARD Counsel for the petitioner. From the perusal of record, it comes out that the State Government had issued a notification dated 11.10.1952 whereby land of village Makanpur measuring about 100 acres was given under the control of Forest Department. Subsequently, the Forest Department of the State Government issued a notification under Section 4 of the Indian Forest Act, dated 5.3.1966 for constituting the aforesaid land as reserved forest. Thereafter a notification under Section-6 of the Act was issued. The contesting respondents, belatedly, filed objections under Section 6/9 of the Act against the aforesaid notification. In the objection of Smt. Rani Jasbir Singh (since deceased and her interest represented by Kr Arjun Singh) it was said that she was the Bhumidhar of plot no. 59/1 measuring 29 Acres while respondent-Balram Singh claimed sirdari rights on plot no. 58/1. Their contention was that since the time of the land having been transferred to them, they had been coming down in actual physical and cultivatory possession of the said land.
(3.) THE Forest Settlement Officer, Lakhimpur framed following issues:- 1.Whether the objector was Bhumidhar of the land in suit? 2.Whether the land could be notified u/s 4 of the Indian Forest Act? 3.To what relief, the objector is entitled? 4.Whether the objection is within time? If not whether there existed sufficient ground for condoning the delay? ;