- (1.) THE Land Management Committee of Gram Sabha Barsipar, Tehsil Salempur, District Deoria has filed this petition to assail the order dated 19 January 2015 passed by the District Magistrate, Deoria by which the land which was vested in the Gaon Sabha under Section 117 (1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (the Act) has been resumed by the State Government under Section 117 (6) of the Act and a fresh declaration has been made by the State Government vesting the resumed land in favour of the Forest Department.
(2.) IT transpires from the records of the writ petition that one Manoj Kumar Mishra had filed an application before the Commissioner of Gorakhpur Division, Gorakhpur for correcting the Annual Register so that the name of Forest Department is recorded. The proceedings were initiated under Section 33/39 of the U.P. Land Revenue Act 1901 (the Revenue Act) and by an order dated 5 July 2013 the land was recorded in the name of Forest Department. However, on an application moved by the Gaon Sabha, the order dated 5 July 2013 has been recalled and the proceedings have been restored since the Gaon Sabha had not been heard.
(3.) IT transpires from the records of the writ petition that subsequently a Public Interest Litigation was filed by Shri Manoj Kumar Mishra which was numbered as PIL No.45009 of 2014 for a direction to declare the disputed land as a reserved forest land under Sections 3 and 4 of the Indian Forest Act, 1927. In the counter affidavit filed by the Forest Range Officer, Deoria in the aforesaid Public Interest Litigation it was stated that the Forest Department had conducted a joint survey which revealed the presence of large number of trees and, therefore, according to the Forest Department the land should be declared as a reserved forest land under the provisions of the Indian Forest Act, 1927. The Court also noticed that in the meantime the Divisional Director in the Social Forestry Division, Deoria had issued an order dated 14 November 2014 and the District Magistrate, Deoria had issued a similar direction on 19 November 2014 for protecting the trees standing over the disputed land. The Court also noticed that the Forest Department had stated that a proposal would be submitted to the State Government.;