- (1.) In spite of sufficient service no one appeared on behalf of legal representatives of respondent No. 1 hence only the argument of learned Counsel for the Petitioner State was heard.
(2.) Sri O.N. Asthana the then learned I Additional District Judge, Varanasi through impugned order dated 30.5.1984 passed on appeal under Section 17 of Forest Act 1927 set-aside the notification under Section 4 of the Forest Act. Against the notification under Section 4 of the said Act, no appeal is provided. Appeal is provided against orders passed under Section 11, 12, 15 and 16 of the Act which relate to a decision on the rights of persons in the land declared by notification under Section 4 of the act, which is quoted below: 4. NOTIFICATION BY STATE GOVERNMENT. (1) Whenever it has been decided to constitute any land, a reserve forest, the [State Government] shall issue a notification in the [official gazette]- (a) declaring that it has been decided to constitute such land a reserve forest; (b) specifying, as merely as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called as Forest Settlement Officer) to enquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-produce and to deal with the same as provided in this Chapter. Explanation- for the purpose of Clause (b) it shall be sufficient to described the limits of the forest by roads, rivers, bridges or other well known or readily intelligible boundaries.
(3.) Notification under Section 4 of the Act was published in the gazette on 24.9.1954. Respondent No. l filed his claim in the year 1980 under Section 6 and 9 before the Forest Settlement Officer Chakia, Varanasi which was registered as case No. 312 of 1980. The case of respondent No. l was that he had purchased the plot No. 12 area 5 Bigha on 14.4.1969. The objections of respondent No. l were highly belated. All other objections which had earlier been filed either within time or after expiry of time but along with delay condonation applications under] Section 9 of the Act had already been disposed of and matter had been sent to the State for publication of notification under Section 20 of the Act.;