JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the High Court of Judicature at Allahabad on 30.11.2005 whereby the writ petition filed by the respondents¹[For short, the ‘lessees’] was allowed.

2. The High Court vide the impugned order has set aside the order dated 08.07.2004 passed by the Deputy Director of Consolidation, Lucknow, wherein, the revenue entry of Khasra Nos. 1576 and 1738 was ordered to be corrected in the name of Department of Forest and the claim of rival claimants were set aside.

3. A notification dated 11.10.1952 under Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 1950²[For short, the ‘Abolition Act’] was published in U.P. Gazette dated 18.10.1952 to the effect that an area of 162 acres in Village Kasmandi Khurd shall not vest with the Gaon Samaj. The relevant extract of the notification reads thus:

“No. 617 xIV- In exercise of the powers conferred by section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951), the Governor is pleased to declare that as from the first day of November, 1952-

1. All land, whether cultivable or otherwise except land for the time being comprised in any holding or grove, and

2. All the forest within the village boundaries.

Situate in a circle, which have vested in the state under the said Act, shall, subject to the exceptions shown in Schedules land I and II hereto, vest in the Gaon Samaj established for the Circle.

Schedule I

Particulars of uncultivated land and the extent to which they shall not vest in Gaon Samajs

4. The provisions of the Abolition Act, as are relevant for the purpose of the present appeal, read thus: -

“4. Vesting of estates in the State. - (1) As soon as may be after the commencement of this Act, the State Government may, by notification, declare that, as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the State free from all encumbrances.

(2) It shall be lawful for the State Government, if it so considers necessary, to issue, from time to time, the notification referred to in sub-section (1) in respect only of such area or areas as may be specified and all the provisions of sub-section (1) shall be applicable to and in the case of every such notification.

5. Notification to be published in the Gazette. - The notification referred to in Section 4 shall be published in the Gazette and such publication shall be conclusive proof of the due publication thereof.

6. Consequences of the vesting of an estate in the State. -When the notification under Section 4 has been published in the Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, from the beginning of the date of vesting, ensure in the area to which the notification relates, namely:

(a) all rights, title and interest of all the intermediaries—

(i) in every estate in such area including land (cultivable or barren), groveland, forests whether within or outside village boundaries, trees (other than trees in village abadi, holding or grove), fisheries, tanks, ponds, water channels, ferries, pathways, abadi sites, hats, bazars and melas [other than hats, bazars and melas held upon land to which clauses (a) to (c) of sub-section (1) of Section 18 apply], and

(ii) in all sub-soil in such estates including right