Dulari Devi v. State of U.P. and 3 Others

Chief Justice's Court

Case :- WRIT - C No. - 32083 of 2018

Petitioner :- Dulari Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav Counsel for Respondent :- C.S.C.

Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.

This petition for writ has been preferred to have an appropriate order or direction for respondent nos 2 and 3 for not interfering in peaceful possession of the petitioner at Arazi No 3 Kha (Khata No 1) measuring 38.9000 hectares, Village Visundhari, Pergana Barhar, Tahsil, Ghorawal District Sonbhadra.

According to the petitioner, the Forest Settlement Officer by order dated 21.3.1971 had decided the issue with regard to Khatedari of the land in question and according to that, the land concerned was not the forest land. The finding arrived at by the Forest Settlement Officer under the order aforesaid has been subsequently accepted by the Revenue as well as by the Forest Authorities. Despite that, the respondents are interfering in peaceful possession of the petitioner on the land in question.

Having considered all the facts of the case, we deem it appropriate to dispose of this petition for writ, by directing the District Forest Officer Sonbhadra to consider and decide the claim of the petitioner on the land aforesaid by taking into consideration all the documents on which reliance has been placed in this petition for writ by the petitioner. The District Forest Officer shall decide the claim within a period of three months from today by providing an opportunity of hearing to the petitioner, provided the petitioner presents a certified copy of this order alongwith a copy of the petition for writ before him on or before 20th March 2019.