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Forest Settlement Officer by order dated 25/4/1989, granted Bhumidhari with non-transferable rights in favour of the petitioners on different plots in which they were found in possession since before 1385 fasli. The Anpara Thermal Power Project which claims possession of the land filed an application before the Forest Settlement Officer claiming that the land has been given to them after resumption on 01/6/1984 and no bhumidhari rights can be granted to the petitioners. The Forest Settlement Officer rejected the application of the respondent no.6 vide order dated 14/6/1991 holding that the case has already been decided which is pending in the appeal for consideration. The respondent no.6 filed its claim before the Additional District Judge where the appeal was pending. The Additional District Judge, Pipri, Sonebhadra passed an order dated 30/4/1992 setting-aside the order dated 25/4/1989 of the Forest Settlement Officer and remanded the case to the Forest Settlement Officer to pass a fresh order after hearing the parties. The Additional District Judge noted the case of the respondent no.6 that the land after acquisition by resumption was transferred to the Anpara Thermal Power Project by the State. It was observed by the Additional District Judge that what is the effect of transfer of the land to the project and whether such land can be reserved as reserved forest and whether any right can be given to the petitioners are the questions which are to be decided after the evidence is taken. It is relevant to note that the name of Anpara Thermal Power Project was recorded in the revenue records after the transfer of the land by the State Government. In the revenue records the name of the petitioners were also recorded in Clause IV (Varg Char) as in possession. After the order of the Additional District Judge dated 30/4/1992, setting aside the order dated 25/4/1989, the matter was again taken by the Forest Settlement Officer. Forest Settlement Officer passed an order dated 14/10/1992 in Case No.9061 granting rights to the petitioners on Plot No. 1590 area 16-8-0 which land was separated from the land given for the Anpara Thermal Power Project. The rights were given to the petitioners holding that the petitioners have proved their possession since before 1385 fasli. In case No. 9062 and 9023 the Forest Settlement Officer took the decision that the plots mentioned in the order may be kept out of reserved forest. It was also noted by the Forest Settlement Officer that the possession of the petitioners is proved since before 1385 fasli on the said plots whereas the name of the Anpara Thermal Power Project is recorded. The Forest Settlement Officer observed that whether in such circumstances the right can be given to a person who is in possession is a question of law which shall be decided by the Assistant Record Officer under Section 54 of the Land Revenue Act, 1901, (hereinafter called the "Act, 1901".) After the said order of the Forest Settlement Officer, the petitioners were not granted bhumidhari rights. An order dated 17/7/1993 was passed by the Forest Settlement Officer noticing the remand order dated 30/4/1992 of the Additional District Judge that Bhumidhari rights cannot be given to the land which is kept for specific project as per the provisions of Section 132 of the Act, 1950. The said order was passed with regard to Plot Nos.1355,1359,1360,1361,1362 and 1364 on which the petitioners nos.2 to 4 have claimed bhumidhari rights. The Assistant Record Officer issued a letter dated 20/7/1993 to Survey Naib Tehsildar informing that those lands which have been resumed by the order of the Divisional Commissioner/Collector for projects to make it available for the project by entering into the Gazette and on which land the name of the project has been recorded no right be given to any person keeping in view the resumption. It was also observed that the proceedings for recording of name be undertaken only when it is found that the land has not been acquired for any project. The Writ Petition No.33354/1993 has been filed by the petitioners praying for following reliefs:

Counter affidavit has been filed by the respondent no.6, i.e. Uttar Pradesh State Electricity Board and by the State of U.P. in Writ Petition No.5497/1999, as well as by the Land Management Committee, Pipri i.e. respondent no.5 in the first writ petition.

In the counter affidavit filed by the respondent no.6 as well as in the counter affidavit filed by the State, it has been stated that the proposal for resumption of land was sent to the Gaon Sabha, Pipri for the purpose of handing over the land to the Anpara Thermal Power Project. The Gaon Sabha, vide its resolution dated 23/6/1983 approved the proposal. The Commissioner, Varanasi Division, Varanasi in exercise of power under Section 117 (6) of the Act, 1950 resumed the plots in question and the same were transferred to the Anpara Themal Power Project. The possession of the lands were resumed by order dated 01/6/1984. On 04/12/1984 the possession of the land was handed over to the Anpara Thermal Power Project. Thereafter vide order dated 06/12/1984 the name of the Anpara Themal Power Project was recorded in the revenue records. The Forest Settlement Officer without giving any opportunity of hearing to the respondent no.6 passed an order dated 25/4/1989, giving bhumidhari rights to the petitioners under Section 131-A of the Act, which order has been set-aside by the Additional District Judge in appeal vide order dated 30/4/1992. The Forest Settlement Officer vide order dated 14/10/1992, granted rights to the petitioners on Plot No.1590 which was separated from Anpara thermal Power Project on the ground that it is in possession of the petitioners since before 1385 fasli. With regard to other plots although it was directed to be separated from reserved forest, but direction was issued to decide their claims under Section 54 of the Act, 1901. It was stated that the petitioners claim for giving bhumidhari right has been rightly negatived by the authorities since the land has already been handed over to the Anpara Thermal Power Project on 04/12/1984, whereafter it was in possession of the Anpara Thermal Power Project. It was stated that no rights can be given to the petitioners on the land which has been given to the Anpara Thermal Power Project after resumption.

The question to be decided is as to whether on the basis of the possession over the lands on which the name of the Anpara thermal Power Project is recorded, rights can be given to the petitioners or not. The petitioners after the order dated 14/10/1992 have brought on record only a letter dated 20/7/1993 written by the Assistant Record Officer who is also the Forest Settlement Officer which has been prayed to be quashed. Certified copy of the letter dated 20/7/1993 has been filed along with the first writ petition. A perusal of the certified copy of the order dated 20/7/1993 indicates that the said is a letter written by the office of the Assistant Record Officer which is numbered as "Patrank 361". The said letter is addressed to Survey Naib Tehsildar which mentions that the earlier order has been passed that in respect of the lands which were recorded in the name of projects given to it after acquisition or resumption of lands, if any right is given to any person the same will be treated to be ineffective. The said letter further clarifies that in those villages where the acquisition or resumption has taken place, name be recorded only when the land has not been acquired or resumed for the project. Although, the letter dated 20/7/1993 refers to the earlier decision taken in that regard, but the said decision has not been brought on the record by the petitioners.

Now, we come to the last issue i.e. challenge to the order dated 01/6/1984 passed by the Commissioner, Varanasi Division, Varanasi after resumption of land.

The respondents in their counter affidavit have taken a plea that challenge to the said order is highly barred by time. The order was passed on 01/6/1984 and the Writ Petition No.5497/1999 has been filed in this Court on 09/2/1999 i.e. after more than 14 years. The challenge to the resumption order dated 01/6/1984 after more than 14 years cannot be entertained. Even on merits, we do not find any ground to interfere with the order dated 01/6/1984 resuming the land under Section 117(6) of the Act. Section 117(6) of the Act empowers the State to resume any land which has been handed over for management to a Gaon Sabha. What is vested under Section 117 (1) of the Act in a Gaon Sabha can very well be divested in exercise of power under sub-section (6) of Section 117. Resumption of the land has been made in accordance with the power given under Section 117 (6) of the Act. We do not find any ground in the writ petition to quash the resumption order dated 01/6/1984, whereas after the resumption the land was given to the Anpara Thermal Power Project on 04/12/1984.