Sibghat Ullah Khan, J. - (1.) IN spite of sufficient service, no one has appeared on behalf of Respondent No. 4. Heard learned Counsel for the Petitioners and learned standing counsel for Respondents No. 1, 2 & 3.
(2.) THIS writ petition arises out of proceedings under Forest Act relating to land situate in Tehsil Robertsganj which was initially in District Mirzapur but now it is part of District Sonebhadra. Due to peculiar position of Tehsil Duddhi and Robertsganj, Supreme Court in the authority reported in Banwasi Seva Ashram v. State of Utter Pradesh : AIR 1987 SC 374 issued special directions regarding determination of rights of the private claimants over the land covered by notification under Section 4, Forest Act. Reference to the directions issued by the Supreme Court has also been made in this writ petition. Matter relates to two plots bearing No. 80 -ka and No. 82 -ka area 16 biswa and 2 bigha 8 biswas respectively situate in village Asna Bandh Pargana Agori, Tehsil Robertsganj, District Sonebhadra. Sri Tahir Ali, Respondent No. 4 filed objections before Forest Settlement Officer (FSO), which were registered as Case No. 1985 of 1992. FSO decided the matter in favour of Respondent No. 4 on 25.04.1989. The said order was set aside by A.D.J., Obra through order dated 24.04.1992 and matter was remanded to the FSO. After remand the matter was decided by FSO on 30.06.1992. From the perusal of order dated 30.06.1992 (Annexure -I to the writ petition) it is clear that different officers had given reports in favour of different persons. Survey Niab Tehsildar reported that Petitioners were in possession for ten years, however Deputy Collector, Sri G.S. Paul found that Respondent No. 4, Tahir Ali was in possession since before 1385 Fasli. It is further mentioned in the said order that at the time of inspection made by FSO, Petitioners were found in possession over an area of 14 biswas of Plot No. 80 -ka and out of total area of 2 bighas 8 biswas of Plot No. 82 -ka, Petitioners were found in possession over 1 bigha and 8 biswas and remaining 1 bigha was found in possession of Tahir Ali, Respondent No. 4 and it was also found that Petitioners were unnecessarily interfering in the possession of Respondent No. 4. Ultimately Plot No. 80 -ka, area 14 biswas and total area of Plot No. 82 -ka, i.e. 2 bighas 8 biswas was excluded from the limits of the proposed forest under Section 11(2)(i) of Forest Act. Petitioners were declared to be bhumidhars of area of 14 biswas of Plot No. 80 -ka and 1 bigha 8 biswas of Plot No. 82 -ka and Respondent No. 4 was declared to be bhumidhar of Plot No. 82 -ka, area 1 bigha.
(3.) RESPONDENT No. 4, Tahir Ali filed appeal against the said order, which was registered as Misc. Case No. 1 of 1993. It was accompanied by delay condonation application. However the Supreme Court had directed in the aforesaid judgment of Banwasi Sewa Ashram that all the records of the cases decided by FSO should be transmitted to the appellate court. FSO had filed appeal against order dated 30.06.1995 in the form of Misc. Appeal No. 3298 of 1992. Both the appeals were heard together. Appellate court decided (allowed) the appeal through judgment and order dated 26.02.1993, which has been challenged through this writ petition.;