Court No. - 36
Case :- WRIT - C No. - 28506 of 2018 Petitioner :- Mahesh Chand Srivastava Respondent :- State Of U P And Another Counsel for Petitioner :- Ram Krishna Dubey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to consider the application dated 24.4.2018 moved by the petitioner for denotification of Araji No. 1165 area 10.11, which, according to the petitioner, has been included in the notification dated 30.4.1963 issued under Section 20 of the Indian Forest Act, 1927 (hereinafter referred to as 'the Act').
It is contended by the petitioner that prior to the said notification, the petitioner filed a revision under Section 18 (4) of the Act against the order dated 10.5.1961 passed by the Additional Commissioner, Gorakhpur dismissing the appeal filed by the petitioner.
The said proceeding arose out of a notification under Section 4 of the Act published by the State Government for declaring 47.51 acres of land situated in village Rajaura Khurd, Tappa Banki, Pargana Haveli, Tehsil Maharajganj, District Gorakhpur as reserved forest.
The Civil Revision No. 131 of 1975, filed by the petitioner, was allowed by the IInd Additional District Judge,Gorakhpur, vide judgment and order dated 1.6.1976. The petitioner has been declared Sirdar of 30 acres of land in Plot No. 1165 as claimed by him and the said land has been released by the competent authority. After the decision in the said matter, however, no notification under Section 27 of the Act has been issued by the State Government for denotification of the petitioner's land. Submission is that in any case, the State Government is under obligation to consider the claim of the petitioner for denotification of his land.
These submissions of learned counsel for the petitioner can very well be examined by the respondent no. 1. It would, therefore, be appropriate for the petitioner to move a fresh application before the Divisional Forest Officer,Gorakhpur, enclosing the order passed by the revisional authority under Section 18 (4) of the Act i.e. in Civil Revision No. 131/1975, within a period of two weeks along with certified copy of this order. In case, such an application is moved, the respondent no.
2 would be under obligation to make an enquiry from the records at his own end and then send his recommendation before the competent authority namely, the Principal Secretary, Department of Forest U.P. who shall take an appropriate decision on the said recommendation after calling the relevant record and issue appropriate notification, if satisfied.
In any case, entire exercise shall be completed within a period of three months from the date of submission of the said application.
With the aforesaid observation/direction, this writ petition is disposed of.
Order Date :- 24.8.2018 Pratima