Allahabad High Court
Babu Lal vs A.D.J. on 28 January, 2010
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