- (1.) Heard learned Counsel for the Petitioner as well as learned standing counsel for the Respondents.
(2.) Even though the matter arises out of orders passed under Forest Act 1927 in respect of land situate in Tehsil Duddhi District Son Bhadra (initially it was part of District Mirzapur), however, earlier also order had been passed at the first stage by Forest Settlement Officer (F.S.O.) much prior to the order of the Supreme Court reported in Banwasi Seva Asram v. State of U. P., 1987 AIR(SC) 374. Pursuant to the said order of the Supreme Court amendment was made in U.P.Z.A.L.R. Act 1950 and Section 131-A was added by U.P. Act No. 14 of 1987 w.e.f. 3.4.1987. The first part of the section is quoted below: 131 A- "Subject to the provisions of Section 132 and Section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under Section 117 or belonging to the State Government, in the portion of district Mirzapur south of Kaimur range, other than the land notified under Section 20 of the Indian Forest Act, 1927, before the 30th day of June, 1978, shall be deemed to have become a Bhumidhar with non-transferable rights of such land
(3.) However, in the first instance proceedings were initiated in 1972. Annexure 1 to the writ petition is copy of order passed by Forest Settlement Officer, Mirzapur in case No. 1711 which had been registered on the objections filed by the Petitioner under Section 6 of Forest Act. The necessity to file the said objections arose for the reason that the land in dispute had been included in the notification dated 17.7.1969 issued under Section 4 of the Forest Act. The names of the parties of the said case were Judawan Ram v. Additiona D.F.O. Duddhi, District Mirzapur. The said case was decided on 13.7.1972 and that related to plot No. 373 area 12 bigha 19 biswa 10 Dhur and plot No. 374 area 14 bigha. Through order dated 13.7.1972 passed under Section 11(2)(i) of Forest Act it was directed that the plots in dispute in the said case should be excluded from the limits of the proposed forest. Right of the Petitioner was decided therein. Thereafter, Petitioner also filed suit under Section 229B of U.P.Z.A.L.R. Act (suit No. 126/1278 Judawan v. Forest Department and Ors.). The said suit was decided on 25.10.1978 by Additional A.D.O./Assistant record officer Duddhi, District Mirzapur in favour of the Petitioner mainly on the basis of earlier judgment of Forest Settlement Officer.;