R.N.RAY, J. - (1.) ALL these writ petitions are taken up together with for bearing similar questions of facts and law are in­volved in the petitions. The contention of the petitioners are that the validity of order dated 7-5-1994 passed in Appeal No. 6942 of 1993 by the Upper District and Sessions Judge, Duddhi, District Sonbhadra are in­volved in the matters. The petitioners' con­tention is that petitioners are mostly Tribals or Scheduled Caste persons living in village Piparkhad, Pargana Agori, Tehsil Robertsganj, District Sonbhadra which is situated in Camorain range of hills which were earlier in the district Mirzapur but now it falls in the district of Sonbhadra. In this particular writ petition the petitioners are cultivators and possess the land bearing Gata No. 4173/4 area 1.35 hect. In the year 1978 a survey operation was carried out but the purpose for making proper revenue records, relating to the disputed land along with other surrounding lands wherein the possession of the petitioners were duly recorded in prapatra-9 Khasra and Khatauni during survey operation in the year 1978 as the petitioners were found in actual physical possession and they are the cultivators of the disputed land. It has been submitted that before 1978, till 1978 these areas were full of jungles and the Tribals residing there made the land fit for cultivat­ing purpose after a hard toil. These lands are the only princinal source of livelihood of the Tribal fellows. In the meantime the State Government issued a notification pur­ported to be under Section 4 of the Indian Forest Act. Prior to the issuance of notifica­tion a part of jungle was declared as reserved forest and thereafter the Forest Officer started interfering with the occupants of the adjoining areas of land which had been declared as part of the Forest. The matter was agitated before Hon'ble Supreme Court and on 15-12-1993 an order was passed by Hon'ble Supreme Court in such a cases directing the State Government to con­stitute a High Power Committee which shall include a retired High Court Judge and two senior officers either in active service or retired for the purpose of adjudicating the grievances of Scheduled Caste and Scheduled Tribes residing in Duddhi and Robertsganj Tehsils. The said proposed committee is to adjudicate the claims of the Tribals' right in the disputed lands. It was further ordered by Hon'ble Apex Court that till disposals of the matters the possessers of those lands should not be dispossessed. Pur­suant to the order passed by the Hon'ble Supreme Court no interference was made by the respondents and they did not disturb the cultivations of the petitioners. However, no High Power Committee was constituted by the State Government in compliance of the Supreme Court's directions. It has been further submitted that in compliance with the further directions of the Hon'ble Supreme Court Assistant Record Officer initiated proceedings and started deleting the names of the cultivators from the entries in revenue records without issuing any notice to any of the inhabitants of the lands in dispute. The Hon'ble Apex Court directed to the concerned courts that the tribals be allowed to be represented by the learned advocates from the fund of legal aid at the State Government's expenses. During hearing it has been submitted that since the petitioners were not given any notice and they were not allowed to be represented by any advocate but their cases were taken up exparte and ex pane orders were passed by the appellate Authority. Learned Counsel for the petitioners has prayed for issuance of a writ in the nature of certiorari to quash the impugned order dated 7-5-1994 and also a writ of mandamus directing the opposite parties/respondents not to interfere with the possession of the petitioners so Hon'ble Apex Court's orders are not complied with fully.
(2.) DULY considered the submissions made by the learned Counsel for the petitioners and also the submissions of the learned Standing Counsel who pointed out that Section 133-Aof U.P. Zamindari Aboli­tion and Land Reforms Act was amended and a new Section as 131-B was enacted by Act No. 14 of 1987 which came into force w.e.f. 15-4-1987. It has been submitted that in view of the provisions of Sections 132 and 133-A, read with Section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the petitioners' cases were not maintainable because Sections have not been declared ultra vires and the petitioners have not challenged the vires of those sec­tions in this writ petition and it has been further submitted that by virtue of the amendment of Section of the Forest Act, the disputed properties vested to them the Forest Department free from all in-cumbrances and as such this Court be pleased to dismiss this petition non-main­tainable. Duly considered the submissions, of both sides. Be it noted that learned Counsel for the petitioner also submitted that if Court accepts the contentions of the learned Standing Counsel for dismissing the writ petition then the Court maybe pleased to direct the State Government to con­stitute a High Power Committee consisting of a Chairman who may be a retired High Court Judge and two other senior officers (may be retired) nominated by the State Government and necessary notification may be made within a span of four months from this date and the State Government may also be directed to provide lawyers of atleast seven years standing practice to rep­resent the cases of the petitioners and other adevasis and Scheduled Caste persons resid­ing in those area where the disputed lands are situated and those lawyers be paid their respective remunerations from the funds of legal aid of the State Government.
(3.) IN view of the joint submissions made by the learned Standing Counsel and learned Counsel for the petitioners and on perusal of the writ petition and annexures, and in view of the decision of the Hon'ble Apex Court in similar types as AIR 1987 SC p. 374, this writ petition is finally disposed of with the directions that the State Govern­ment may constitute a High Power Commit­tee consisting of a retired High Court Judge and two senior Government Officers, with-her in active service or retired, within a span of four months from today and if such a committee is constituted the petitioners may be allowed to be represented by lawyers having atleast seven years practice at the expenses of State Government's fund meant for legal aid. If such a Committee is con­stituted and the matters be allocated before that Committee by proper notifications etc. However, petitioners are hereby restrained to cut any tree standing on the disputed lands but the petitioners will have the right to cultivate the land without causing any damage to the Forest land till the decisions given by the said High Power Committee. The impugned order is, thus, stands quashed and that the dispute is to be decided by the High Power Committee which may be constituted by the State Government within the specified time as directed above.;