- (1.) Heard learned counsel for the petitioners and learned standing counsel for the respondents. The first order which has been challenged through this writ petition is dated 8.5.1997 passed by Forest Settlement Officer (F.S.O.) Duddhi District Sonebhadra copy of the said order is Annexure 11 to the writ petition. The case was initiated on the application of the Forest Department Under Section 54 Land Revenue Act before Assistant Record Officer. However, it was transferred for disposal to the F.S.O. Matter relates to agricultural plot no.159 Kha (old no.152M).
(2.) The case of the Forest Department was that land in dispute was its property as it had been notified in the notification under Section 4 of Forest Act and Forest Department was in possession thereof hence the name of Forest Department should entered thereupon in the revenue records. Under general order passed by Supreme Court on 18.7.1994 in respect of Forest Land of Tehsil Duddhi District Sonebhadra the case was registered under suit no.670/94-95/18/230 of 1997 under Section 7/11 of Forest Act.
(3.) The case of the petitioners was that they had purchased the land in dispute through registered sale deed dated 28.7.1973 from its previous Bhomidhar whose name was recorded in the revenue record and after the sale their names were recorded. The case of the Forest Department was that land in dispute was situate within dense forest and in the land in dispute sufficient number of trees were standing.;