Mandatory requirement of notice and opportunity of hearing under Section 18(3) of the Forest Act in appeal proceedings.

( 1 ) THE writ petition is directed against the orders dated 18-7-1992 passed by Additional District Judge, Sonbhadra allowing Appeal No. 3200 of 1990 and setting aside the order passed by Forest Settlement Officer dated 25-8-1990 and the order dated 19-11-1992 rejecting the restoration application.

( 2 ) THE dispute in the writ petition relates to plot Nos. 440 Ka, 476 Ka, 475 Kha, 478 Ka, 482 Kha, 483, 484, 485, 486, 488ga, 546 Kha, 549 Kha situated in village Parasi, Pargana Singrauli, District Sonbhadra.

( 3 ) THE Forest Settlement Officer/dy Collector Pipari, Sonbhadra, by the judgment dated 25-8-1990 decreed Suit No. 6343 and held that the petitioner had already perfected rights/title under UPZA and LR Act except Plot Nos. 440 and 476. An appeal preferred by Forest Department before the District Judge registered as Appeal No. 3200 of 1990 was allowed ex parte by judgment dated 16-7-1992 and judgment and order dated 25-8-1990 was reversed relating to all the plots except Plot Nos. 546 Kha and 549. A Restoration Application filed by the petitioner was rejected by the order dated 19-11-1992.

( 4 ) SRI V. K. S. Chaudhary, learned Senior Advocate, assisted by Devi Prasad Misra, urged that the order passed by the appellate Court is ex parte; no notice was issued or served to the petitioner before the appeal was heard and decided. He further urged that in the restoration specific averments were made that the order was ex parte and the petitioner was entitled to get opportunity of hearing before deciding the appeal on merits. But restoration application was wrongly rejected on merit.

( 5 ) IN reply to the arguments made by the learned counsel for the petitioner Sri V. N. Agarwal learned Standing Counsel states that the order was already passed on merits and does not require any interference.

( 6 ) HEARD learned counsels for the parties and considered the respective submissions made by them.

( 7 ) PARAGRAPH Nos. 3 and 4 of the writ petition are quoted below :"para 3. That aggrieved against the judgment of the Forest Settlement Officer, the Opp. party preferred an appeal within the Forest Act and appeal was heard ex parte without any notice to the petitioner. In the appeal the appellate Court has revised the judgment of the Forest Settlement Officer relating to Gata Nos. 475 Kha, 478 Kha, 482 Kha, 483, 484, 486, 488 and 485. Para 4. That the appeal was decided ex parte, hence the petitioner moved a restoration application but the restoration application was also been rejected by the appellate authority without considering the grounds given in the restoration application. A true copy of the judgment given in the original appeal and on the restoration application are being filed herewith as Annexures-II and III to the writ petition. "

( 8 ) REPLY to paragraphs 3 and 4 are given in para 7 of the counter-affidavit, which is quoted below :-"that the contents of para 3 of the writ petition are not admitted. As the petitioner as well as the Forest Department filed an appeal against the Forest Settlement Officer order and the appeal was decided on the merit basis. Moreover he has also filed a case by receiving an application the order of appellate Court dated 18-7-1992 which was rejected on 22-9-92 and again restoration application of the said review was also filed and it was decided on merit basis awarding sufficient time to applicant counsel on dated 19-11-1992. Full facts and grounds for the order passed in appeal has been again described, by the learned Additional District Judge, Pipari which is evident from the perusal of the order itself. Hence it is clear that the petitioner has been given sufficient chance to submit the evidence on record as well as to be heard again and again. Contents of para 4 of the writ petition not admitted. As the all grounds given in the restoration application of the petitioner has been examined and described in the restoration order dated 19-11-1992 which is evident from the perusal o