- (1.) Heard Sri S.P. Mishra, learned standing counsel for the petitioner State of U.P. and Sri W.H. Khan, learned senior counsel assisted by Sri J.H. Khan, learned counsel for respondents.
(2.) The dispute in this writ petition is regarding plot No.1058-M, area 80 bighas and plot No.1093, area 21 bighas situate in Tehsil Rabertsganj District Sonebhadra (previously District Mirzapur) i.e. as to whether land was rightly declared as reserved forest or respondents are its bhoomidhars. The proceedings were initiated pursuant to the Supreme Court judgment in Banwasi Seva Ashram Vs. State of U.P. and Ors., 1986 4 SCC 753in respect of lands situate within Dudhi and Robertsganj Tehsils in the District of Mirzapur. Para-1 of the said judgment is quoted below: "1. On the basis of a letter received from Banwasi Seva Ashram operating in the Mirzapur District this writ petition under Article 32 was registered. Grievance was made on several scores in that letter but ultimately the question that required detailed consideration was relating to the claim of the Adivasis living within Dudhi and Robertsganj Tehsils in the District of Mirzapur in Uttar Pradesh to land and related rights. The State Government declared a part of these jungle lands in the two Tehsils as reserved forest as provided under Section 20, Forest Act, 1927, and in regard to the other areas notification under Section 4 of the Act was made and proceedings for final declaration of those areas also as reserved forests were undertaken. It is common knowledge that the Adivasis and other backward people living within the jungle used the forest area as their habitat. They had raised several villages within these two Tehsils and for generations had been using the jungles around for collecting the requirements for their livelihood, fruits, vegetables, fodder, flowers, timber, animals by way of sports and fuel wood. When a part of the jungle became reserved forest and in regard to other proceedings under the Act were taken, the forest officers started interfering with their operations in those areas. Criminal cases for encroachments as also other forest offences were registered and systematic attempt was made to obstruct them from free movement. Even steps for throwing them out under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. were taken."
(3.) Pursuant to the said order, the four respondents filed objections before Forest Settlement Officer, Chopan, Mirzapur in 1988. Copy of the objections is Annexure-2 to the writ petition. At the end of the application, old number of the plot was mentioned as 276, new numbers of the said plots were mentioned as Plot No.1093-M (part), area 21 bighas and Plot No.1058-M, area 80 bighas. Forest Settlement Officer where case was registered as Case No.581, Hari Prakash Shukla and others Vs. Forest Department decided the matter in favour of the respondents. Copy of the judgment is Annexure-3 to the writ petition. It is undated and learned counsel for respondents admits that the original order does not bear any date. Through the said order, both the plots claimed by the respondents were deleted from the proposal of making them reserved forest and they were declared to be tenure holders. Against the said order, State of U.P. Forest Department filed Appeal No.1961 of 1990, State of U.P. through Forest Department Vs. Hari Prakash Shukla and others. A.D.J., Chopan, Sonebhadra dismissed the appeal through jdugment and order dated 04.04.1991.;