Court No. - 40
Case :- WRIT - C No. - 24706 of 2021 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rudra Kant Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner has prayed for disposal of his claim pending before the Forest Authorities, under Section 9/11 of the Indian Forest Act.
Taking cognizance of such stand, we passed following orders on 27.11.2021:-
"Grievance is that petitioner's objection raised before the Forest Settlement Officer, Obra, District Sonebhadra is not being entertained by the authorities of the State. Petitioner claims to be an illiterate person and belonging to scheduled tribes.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed.
Post as fresh, once again, on 08.12.2021.
Till then, no coercive action would be taken in respect of petitioner's possession over the property."
Learned Standing Counsel has obtained instructions, according to which, claim of the petitioner is pending before the Forest Settlement Officer and 10.1.2022 is the date fixed. It is stated that claim of the petitioner shall be decided in accordance with the law laid down by the Supreme Court in the case of Banwasi Seva Ashram Vs. State of U.P. and others, 1988 RD 68.
In view of the stand taken by the respondents, we dispose off this writ petition with a direction upon the authority concerned to examine petitioner's claim in accordance with law and pass appropriate orders keeping in view of the observations of the Supreme Court, within a period of two months, from the date of presentation of a copy of this order.
Any action of dispossession/demarcation, etc., would await conclusion of proceedings. Petitioner undertakes not to seek any adjournment in the proceedings before the authority concerned.
Order Date :- 23.12.2021 Ranjeet Sahu