- (1.) Heard Shri V.K. Singh, learned counsel for the petitioners and Shri A.S. Rana, learned Standing Counsel for the respondents.
(2.) The petitioners have approached this Court seeking a writ of mandamus to command the respondents not to interfere with their possession over the land in dispute of which they are bhoomidhars. The aforesaid relief is being claimed in the background of the fact that the land in dispute belonged to common ancestors of the petitioners since prior to zamindari abolition and thereafter it has been inherited by them. It is further pleaded that after enforcement of the Zamindari Abolition Act, in view of Section 180 of the U.P. Tenancy Act read with Section 210 of U.P. Zamindari Abolition Act, 'sirdari' rights were conferred over them. During survey operations in the village, an application was moved on behalf of the petitioners before the Assistant Revenue Officer, Mirzapur for declaration of their rights as 'sirdar' over the land in dispute, which was registered as Case No. 12/14 of 1960. The Assistant Revenue Officer, Mirzapur decreed the proceedings holding that the petitioners have acquired 'sirdari' rights and entries to that effect may be made in the record. The said order was never challenged and attained finality. However, when the name of the petitioners was not recorded in the revenue record and the entries over the land in dispute as 'banjar' and 'jungle' continued, a Suit No. 279 of 1963, Kamla & Ors. Vs. State and Gram Sabha, Margadaha, tehsil Robertsganj under Section 229-B of U.P.Z.A. & L.R. Act was filed before the Assistant Collector, I Class, Mirzapur. The suit was contested by filing written statement on behalf of State and the Gaon Sabha. Trial court vide order dated 29.01.1968 decreed the suit holding the petitioners to be 'sirdar' and to mutate their name in the revenue records. In pursuance to a notification issued under Section 4 of the Indian Forest Act dated 10.08.1968, the land in dispute along with other land was declared as reserved forest. Petitioners filed an objection under Section 6 of the Forest Act read with Section 9 before the Forest Settlement Officer against inclusion of the land in dispute in the notification declaring it to be a reserved forest. After contest by the forest department, Forest Settlement Officer, Mirzapur vide order dated 03.02.1981 allowed the objections and directed that the land in dispute be recorded in the name of the petitioners as 'bhoomidhar'. This order also attained finality and was never challenged. In pursuance to the order dated 03.02.1981, the name of the petitioners came to be recorded in the revenue record.
(3.) Petitioners alleged that despite the aforesaid judgment in their favour in respect of rights over the land in dispute, the employees of the forest department are continuously interfering in their rights and not allowing them to do cultivation on the allegations that it is declared as a reserve forest. A counter affidavit has been filed on behalf of the State alleging that an area of 2217 acres of the village in question including other village was resumed by the Collector, Mirzapur under Section 117 of the U.P.Z.A. & L.R. Act and possession shall be handed over to the said department. However, no document has been filed along with counter affidavit, though it is stated that the copy of the notification has been filed as Annexure CA 1.;