R.B. Misra, J. - (1.) These two connected Special Appeals are directed against a common judgment of a learned single Judge dismissing two petitions Under Article 226 of the Constitution. They arise out of proceedings under the Indian Forest Act, 1927, and the material facts bearing on the point in issue in the two special appeals are identical.
(2.) The Forest Settlement Officer issued notifications Under Ss. 4 and 6 of the Indian Forest Act declaring the intention of the Government to constitute a large area in the District of Nainital as reserved forest. The land in dispute in the two appeals was included in the proposed reserved forest. The Appellants filed objection before the Forest Settlement Officer and claimed to be sirdars of the land in dispute. Their claim was accepted by the Forest Settlement Officer over some of the plots. The State Government filed appeals before the Commissioner against the order of the Forest Settlement Officer. The appeals were dismissed by the Commissioner and the order of the Forest Settlement Officer was upheld. Thereupon the State Government went up in revision before the District Judge, who allowed the same and dismissed the claim of the Appellants. The Appellant then filed two writ petitions in this Court, which were dismissed by a learned Single Judge of this Court on 19th November, 1909 giving rise to these two special appeals.
(3.) One of the points taken by the Appellants before the Bench hearing the Special Appeals was that no revision lay against the order of the Commissioner and the order passed by the District Judge was thus without jurisdiction. In support of their stand the Appellants placed reliance on an unreported decision of a Division Bench of this Court in Pirthi v/s. State of Uttar Pradesh Sp. A. No. 931 of 1969 connected with Sp. As. Nos. 880, 928 and 930 of 1969 D/ - 6th January, 1970. The Bench hearing the Special Appeals doubted the correctness of that decision and referred the question involved in the case for decision by a larger Bench. This is how these Special Appeals have come before us.;