S.U.KHAN,J. - (1.) HEARD learned counsel for the parties.
(2.) PROCEEDINGS for eviction were initiated against the petitioner under U.P. Public Premises Eviction of Unauthorised Occupants Act 1972 in the form of case no.189 of 1981. The case was registered under Section 4/7 of the Act. Prescribed authority decided the matter in favour of the petitioner on 16.10.1984. Against the said order State of U.P. filed appeal which was registered as Civil Misc. Appeal no.126 of 1984, Sate of U.P. Vs. Devendra Singh. The appeal was allowed by IIIrd A.D.J. Jalaun at Orai on 26.05.1990. The said order has been challenged through this writ petition. The number of plot of land in dispute is 1200/1036, and area of land in dispute is 2 hectares situate in village Sikri, Pargana Orai, district Jalaun.
(3.) THE case of the State was that land in dispute was is unauthorised occupation of the petitioner. The petitioner denied the said fact and further raised the jurisdictional issue and contended that land in dispute was not included in the definition of public premises as given under the Act. He further pleaded that he had purchased the land through registered sale deed dated 18.09.1975 from Ram Adhar and his name was also mutated in the revenue record. The trial Court held that merely by issuing notification under Section 4 of Indian Forest Act 1927 land does not become the Reserved Forest and does not vest in State Government unless notification under Section 20 of the Forest Act is issued. Appellate court held that in view of gazette notification dated 22.04.1967 it was clear that the Government had through the said notification modified its earlier notification no.617/14 dated 11.10.1952 and the properties mentioned in the notification of 1967 which had initially been vested in Gaon Sabha had been resumed by the Government which also included plot no.1200/1036 total area 25.5 acres and thereafter through notification dated 23.07.1970 issued under Section 4 of the Forest Act the plot in dispute along with other plots was intended to be declared as reserved forest. It is further mentioned that notification under Section 20 of the Forest Act was issued on 30.04.1988 declaring the plot in dispute and other land as forest land w.e.f. 16.04.1986.;