B.L.HANSARIA, KULDIP SINGH, S.B.MAJMUDAR
State Of U. P. – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent
JUDGMENT
KULDIP SINGH, J.
( 1 ) THE land in dispute measuring 22. 11 acres was notified as reserved forest under Section 20 of the Indian Forest Act, 1927 (the Act) by the notification dated 19/08/1963. Respondents, in the appeals herein, claimed before the authorities under the U. P. Consolidation of Holdings Act, 1953 (the Consolidation Act) that they were in possession of the land and had acquired Sirdari rights. They further claimed that the land was illegally subjected to the proceedings under the Act because they had become owners of the land. Since the land was not property of the Government - according to them - the notification declaring the land as reserved forest was illegal. The Consolidation Authorities accepted the objections of the respondents. The writ petitions under Article 226 of the Constitution of India filed by the State of U. P.- challenging the orders of the Consolidation Authorities were dismissed by the High Court. These appeals are against the judgment of the High Court upholding the orders of the Consolidation Authorities.
( 2 ) WE may briefly notice the facts of the case. The State Government issued a notification dated 29/03/1954 declaring its intention
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