Court No. - 27 Case :- WRIT - C No. - 33340 of 1994 Petitioner :- Babu Lal Respondent :- A.D.J. Petitioner Counsel :- N.B.Nigam,Dharamraj Bharti Respondent Counsel :- Sc Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel
for the respondent nos. 1, 2 and 3. Forest Settlement Officer passed an order
on 10.6.1991 against which several appeals were filed. The appeal filed by the
petitioner was numbered as appeal no. 7652 of 1991 Lallan Vs. Babu Lal and
Forest Department. However, Lallan had given up his claim even before the
Forest Settlement Officer. He stated that he was not in possession but the
petitioner was in possession. Copy of the said statement is annexure 4 to the
writ petition. Annexure 1 to the writ petition is copy of Khatauni recording
the name of Lallan as Khatedar since 1372 Fasli and of Babu Lal as occupant
for 10 to 15 years. It has also been referred to by the lower appellate court.
Appellate Court/ ADJ Babhani, District Sonbhadra, through judgment and
order dated 15.12.1993 decided all the 29 appeals holding that no land could
be declared as reserved forest. In respect of certain appeals including appeal
of the petitioner, it was directed that the land shall stand released in favour of
Khatedar. Accordingly, land in dispute in Appeal No.7652 of 1991 stood
released in favour of Lallan.
In my opinion, after allowing the appeal, there was no occasion to decide the
inter se dispute of private persons. If there is any dispute in respect of
agricultural land between private persons, then the same can be decided by
Revenue Court and not under Forest Act. Moreover, Lallan did claim any
right or possession. Accordingly, writ petition is allowed. Impugned order
dated 15.12.1993 passed by ADJ Babhani, District Sonbhadra in respect of
appeal no. 7652 of 1991 is set aside. It is directed that the name of the
petitioner shall continue in the revenue records.
Order Date :- 28.1.2010
vks
