N.K.Mehrotra, J. - (1.) This is a petition for issuing a writ in the nature of certiorari quashing the entire alleged proceedings conducted and completed under Chapter II of the Indian Forest Act by the Opposite Parties for declaring plot Nos. 15/2, 16, 17, 18/1, 18/2, 78, 82 and 7/1 of Village Narainpur Jhingha, Pargana Tulsipur, Tehsil Balrampur, District as reserve forest as contained in Annexure Nos. 14 and 1 to the writ petition and for issuing a writ in the nature of mandamus directing the Divisional Forest Officer Northern Gonda Division, Gonda to consider the application as contained in Annexure No. 14 of the writ petition for cutting the trees on the aforementioned plots according to rules.
(2.) The case of the petitioners is that one Ayodhya son of Bindra Murao was hereditary tenant of the agricultural plot Nos. 15-1/2, 16, and 18/1. He became 'sirdar' under section 19 of the U.P.Z.A. and L.R. Act and after his death Sant Ram, Ram Jas and Ram Dheeraj inherited the 'sirdari' right. In the year 1977, the bhumidhari rights were conferred under section 130 of the U.P.Z.A. and L.R. Act on his heirs namely ; Sant Ram, Ram Jas and Ram Dheeraj. The names of these persons are entered in the revenue record. The petitioner No. 1 purchased the aforesaid plots from Sant Ram, Ram Jas and Ram Dheeraj on 29.3.1990 and his name has been entered in the khatauni khatas No. 20 of 1359 Fasli to 1403 Fasli. One Panchoo son of Jan Mohammad became 'sirdar' of those plots. After the death of Panchoo, his son Ismail became 'sirdar' of those plots and in the year 1977 Ismail became Trhumidhar'. His name finds place in the revenue record of the year 1359 Fasli. The petitioner No. 1 purchased these bhumidhari plot Nos. 78 and 82 from Ismail as per registered sale-deed dated 29.3.1990 and his name was entered in the khatauni khata No. 5 of 1398 Fasli to 1403 Fasli. One Balraj Singh son of Sri Arjun Singh was conferred bhumidhari rights in the year 1977 under section 130 of the U.P.Z.A. and L.R. Act in the said plot No. 7/1. He transferred this land to Anand Kumar. The petitioner No. 2 purchased the said bhumidhari plot No. 7/1 from Anand Kumar as per the registered sale deed dated 16.11.1994 and his name has been entered in the khatauni khata No. 1 for the year 1398 Fasli to 1403 Fasli.
(3.) There are standing trees on all these plots. The petitioner applied for permission to cut these trees to the Divisional Forest Officer North Gonda on 15.8.1995. A copy of the said application is Annexure No. 14 to the writ petition. The Divisional Forest Officer informed the petitioners that the plots in question were declared as reserve forest under section 20 of the Indian Forest Act on 4.7.1970 and 11.1.1971. The application for permission to cut the trees could not be considered because of the alleged notification. The petitioners made several attempts to get the details of the proceedings of this notification but those proceedings were not made available to the petitioners. It is alleged that section 3 of the Indian Forest Act does not empower the State Government to constitute the land which is comprised in any holding as reserve forest. According to the petitioners those plots shown in the schedule attached to the notification dated 19.4.1954 and 11.8.1968 have been declared as reserve forest with effect from 15.9.1969 and 1.11.1970 and the plots in question do not find place in those schedules attached to the notification under section 20 of the Indian Forest Act. It is also alleged that there was some proposal of the Conservator of the Forest, Eastern Circle, U.P. that the land holders of 82.87 Acres of land of village Narainpur Jhingha be acquired under the Land Acquisition Act in exchange of 63 Acres of forest land in village Ganeshpur in North Gonda Forest Division. It appears from the proposal that it was proposed that the plots of these land may be acquired by the Government. It is further alleged that the petitioners have come to know that even after this proposal, their plots in question were never acquired by the Forest Department and therefore, the contents of letter dated 22.9.1995 that the land of plots in question was declared as reserve forest, is wholly incorrect and the petitioners are entitled to get permission for cutting the trees grown by them on the disputed land.;