B.D.Agarwal, J. - (1.) These connected petitions are being decided by common judgment.
(2.) On September 24, 1954, the State Government issued a notification under Section 4(1) of the Indian Forest Act, 1927 declaring a vast area of land in Tehsil Chakiya, district Varanasi, as reserved forest. The notification was published in the gazette dt. Oct. 2, 1954 and proclamation was made as required under Section 6 of the Act. Budhoo, respondent No. 3 in Writ Petition No. 11743 of 1981 filed objection with respect to plot No. 1/21 (3 bighas) situated in village Bojh. The objection filed was after nearly twenty one years' subsequent to the notification aforesaid. On August 11. 1978, the Forest Settlement Officer rejected the objection finding that the objector had failed to establish that the land was held by him under his cultivation at the relevant period. In appeal filed by respondent No. 3 against this order, the Second Additional District Judge, Varanasi came to the finding on May 7, 1981 that the notification dt. 24th Sept. 1954 was vague and hence no right could be founded upon the same. The order made by the Forest Settlement Officer dt. 11th Aug., 1978 was quashed on this basis. Aggrieved the State of U. P. has approached this Court.
(3.) In Writ Petition No. 14944 of 1981 the petitioner Bachau filed objection under Section 6/9, Forest Act on Nov. 26, 1974 with respect to plot Nos. 255 (3 bighas 10 dhurs) and 250 (4 bighas) situate in village Bojh, contending that he had been in cultivatory possession and had has such user as that of a kachcha house and few trees. The objection was dismissed by the Forest Settlement Officer on May 5, 1979, taking the view that the petitioner had not established that the land was held by him for cultivation or residential purpose during the relevant period. In appeal filed by the petitioner this order was upheld on Sept. 5, 1981 by the III Addl. District Judge, Varanasi. The writ petition is directed against this decision.;