Judgement

GUPTA, J. :- This appeal by certificate granted by the Allahabad High court, Lucknow Bench, under Article 133 (1)(b) of the constitution has its origin in a proceeding under the Indian Forest Act, 1927 (hereinafter referred to as the Act).

2. Appellant Madan Lal had preferred a claim under Section 6 of the Act in respect of certain plots of land in village Khamaria. Pargana Khairigarh, District Kheri which were included along with other land in a notification under Section 4 of the Act issued on April 3, 1954 declaring that the State Government had decided to constitute the said land a reserved forest. The Divisional Forest Officer, North Kheri Division, filed an objection to the claim of the appellant that he had Sirdari rights in the said plots. An inquiry into the claim was started by the Forest Settlement Officer under Section 7 of the Act and evidence of the parties was concluded on February 19,1955. The case was adjourned for local inspection to March 3. 1955. The local inspection was not however held on the due date and was made instead on May 3, 1955 when the Forest Settlement Officer further directed that the case would be out up for orders, but it was not stated