JUDGMENT

P.R. Ramchandra Menon, C.J. - Encroachment into the forest lands by the strangers, with intent to establish their right in due course and claim title, and the lethargy on the part of the State/officials concerned in taking appropriate remedial measures, simultaneously taking steps to allot forest lands to the persons of choice of the respondent State, are highlighted in this writ petition filed as a 'public interest litigation'.

2. The petitioner has produced various records including reports submitted by the respondent No.11- National Tiger Conservation Authority and other statutory bodies, which virtually support the case projected by the petitioner. The relevant photographs show the lie and location and also the plight of the area as it remains as on date. When the matter came-up for consideration before this Court on 6.9.2019, we admitted the writ petition and passed the following order:-

"......After hearing learned counsel for the Petitioner and after going through the materials and records, we find that the view that the matter requires urgent attention.

In the said circumstances, the writ petition is admitted. I.A. No. 2 of 2019, application for waiver of the locus standi rule, stands allowed. Considering the prayer in I.A. No. 3 of 2019, application for grant of interim relief, all further proceedings for recognition and grant of forest rights or forest title under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in the State, will stand stayed for a period of two months....."

3. The interim order passed by this Court staying all further proceedings for recognition and grant of forest rights or forest title under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 for a period of two months, has been sought to be vacated by filing a petition as IA No.9/2019 from the part of the respondent State. A detailed return dated 4.10.2019 has also been filed by the State, producing various documents as part of the record. The petitioner has filed rejoinder dated 22.10.2019 in response to the return filed by the State Government.

4. We have heard Mr. Saurabh Dangi, the learned counsel for the petitioner and also Mr. Satish Chandra Verma, the learned Advocate General for the State.

5. Mr. Verma, learned Advocate General submits that the insinuation levelled against the State by the petitioner is not correct or sustainable and that appropriate steps are being pursued only in accordance with the relevant provisions of the statute in all respects. It is also pointed out that the subjectmatter involved in this petition is pending consideration before the Apex Court in WPC No.109/2008 and connected cases, in which various interim orders have been passed by the said Court. The State has already filed an affidavit in response to the directions given by the Apex Court and the matter is listed for consideration on 26.11.2019. By virtue of pendency of the proceeding before the Supreme Court as above, it is no more necessary to proceed with this matter, submits the learned Advocate General.

6. Mr. Dangi, learned counsel representing the petitioner submits that the challenge in the matter pending consideration before the Apex Court is mainly as to the vires of the statute i.e. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and as to the non-implementation of the orders of eviction already passed by the State. The prayers raised by the petitioner in this writ petition are something different and hence it requires to be considered by this Court, as put-forth by learned counsel.

7. For better appreciation of the facts and figures, we find it appropriate to extract the prayers raised in the present writ petition;-

"10.1 The Hon'ble Court may kindly be pleased to constitute a committee to conduct an inquiry into the matter of grant of forest rights granted under the Act of 2006.

10.2. The