JUDGMENT

Arijit Pasayat, J.—Challenge in these appeals is to the legality of directions given by a Division Bench of the Kerala High Court varying the order passed by learned Single Judge in a writ petition filed under Article 226 of the Constitution of India, 1950 (in short the ‘Constitution’). According to learned counsel for the appellants, though the direction appears to be innocuous it is contrary to law. Learned counsel for the respondents on the other hand submitted that no positive direction has been given and only the appellant-State has been directed to seek “prior approval” from the Central Government in the matter of accepting prayer of the respondents for grant of lease.

2. Factual background in a nutshell needs to be noted.

3. An extent of 486.63 acres of land was leased out to the predecessor of respondent No.1. It was found by the functionaries of the State that while the lessee was in possession of the land leased, he had encroached upon adjacent portions of land and the extent of such encroachment was 230.39 acres. The Forest Department resumed an extent of 142.39 acres of land during the year 1976. The balance encroached portion remained with the lessee encroacher.