Manoj Kumar Gupta, J. - (1.) The instant writ petition has been filed seeking quashing of the notices dated 9.9.2016 issued by the Consolidation Officer, Chandauli, Camp at Ghorawal. By these notices, the petitioners have been called upon to appear before him on 14.9.2016. They have also prayed for a writ of mandamus directing respondent no.2 to restrain the respondent no. 4 from functioning as Consolidation Officer, Ghorawal. A further prayer has been made for direction to the second respondent to carry out demarcation as per the order of the Forest Settlement Officer, Sonbhadra dated 3.6.1999.
(2.) According to the petitioners, they are displaced persons on account of construction of Rihand Jalashaya. They claimed to have been allotted land by the Bhoodan Yagya Samiti for their rehabilitation. A dispute arose between the Forest department with respect to the land proposed to be allotted to the petitioners and Bhoodan Yagya Samiti. The said dispute was resolved in a meeting held on 18.3.1964 between the officials of the State Government and the Forest department as well as the representative of Bhoodan Yagya Samiti. Under the terms thereof, some of the plots belonging to the Forest department were earmarked and rest of the disputed plots were given to Bhoodan Yagya Samiti. The case of the petitioners is that they were granted patta by Bhoodan Yagya Samiti over the land which was earmarked for such purpose. However, a notification was issued later on, notifying the said land as forest land. The Bhoodan Yagya Samiti raised a dispute before the Forest Settlement Officer, Sonbhadra and the same was decided by order dated 3.6.1999. It has been urged that in respect of Arazi No. 224m an area of 109-5-0 was to vest in the Forest department and the remaining area with the Bhoodan Yagya Samiti and its allottees, the petitioners herein. The notification issued under Section 20 of the Forest Act was directed to be amended accordingly. Aggrieved thereby, an appeal was filed by the State under Section 17 of the Forest Act which came to be dismissed by the Ist Additional District Judge, Sonbhadra by order dated 7.12.2009. The further case of the petitioner is that in consolidation operations, the land allotted to the petitioners have been duly taken notice of and separate chaks have been carved out in their favour. There is due entry in that regard in CH form 41 and 45. However, the notification under Section 52 of the U.P. Consolidation of Holdings Act, 1953 is not being issued. The Consolidation Officer in the meantime, has issued the impugned notice whereby he intends to abolish the plot carved out in favour of the petitioners and enter the said land as Forest land. It is urged that same is not permissible in view of the decision taken in the meeting between the Government officers, Forest department and the representative of the Bhoodan Yagya Samiti as well as the adjudication made under the Forest Act. The petitioners have therefore prayed for quashing of the impugned notice.
(3.) Learned standing counsel appearing on behalf of the respondents pointed out that at the stage of preparation of the final record it transpired that the area of the Forest land as recorded in CH Form 45 has got substantially reduced. Consequently, the notice was issued by the Consolidation Officer. He further submitted that the petitioners themselves have filed an application before the Settlement Officer, Consolidation for being given opportunity to lead evidence and thus they should participate in the proceedings which are pending before the Consolidation Officer.;