G.D. Sahgal, J. - (1.) THIS petition has been referred to a Full Bench by Jagdish Sahai and K. Chandra, JJ. on the point as to whether the revision application filed by the Divisional Forest Officer, North Kheri, before the State Government was competent.
(2.) THE facts of the case are that the father of the petitioners, viz., Sheikh Fazal Husain was the sub- tenant of certain plots situate in village Salband, Pargana Khairigarh, Tahsil Nighasan in the district of Kheri. He obtained bhumidhari sanad with respect to those plots with the consent in writing of the tenant-in-chief. On April 3, 1954, the State Government issued a notification under Section 4 of the Indian Forest Act (hereinafter referred to as "the Act") proposing to constitute certain lands in the district of Kheri as reserved forest including the land of which bumidhari rights were granted to the father of the, petitioners. A proclamation was issued by the Forest Settlement Officer under Section 6 of the Act and a claim was filed by the father of the petitioners. The claim was admitted by the Forest Settlement Officer on June 18, 1956. No appeal was filed against that order on behalf of the Forest Department nor were any proceedings taken for the acquisition of that land. The result was that on the 17th of January, 1957 the Forest Settlement Officer released the land in favour of the petitioners, their father having died in the meantime. On February 7, 1957, however, the Divisional Forest Officer, North Kheri Division, moved an application lor the setting aside of the aforesaid release order but this application was rejected by the Forest Settlement Officer on May 5, 1958. There was then an appeal against that order by the Forest Department which was dismissed by the Deputy Commissioner on April 20, 1959. A revision was then preferred by the Forest Department to the State Government challenging all the above orders passed on June 18, 1956, January 17, 1957, May 5, 1958 and April 20, 1959. The State Government allowed the revision and set aside all these orders, communication of the order of the State Government to the Forest Department being contained in Annexure 5. A copy of the said communication of the State Government was also forwarded to the petitioners. It is against the order of the State Government so communicated that the writ petition giving rise to this reference has been filed. A number of points were raised iu the petition but the only point that has been referred to the Full Bench is as to whether the revision preferred to the State Government by the Divisional Forest Officer, North Kheri Division, was competent.
(3.) IN order to appreciate the point referred to the Full Bench we have to look into the relevant provisions of the Indian Forest Act.;