( 1 ) THE State of Uttar Pradesh has filed this petition under Article 226 of the Constitution through the Divisional Forest Officer, Bijnor, for the issue of a writ of certiorari quashing the order of the district Judge, Bijnor, dated Nov. 3, 1971 and the order of the Forest Settlement Officer, Bijnor dated Nov. 27, 1967.

( 2 ) BRIEFLY the facts are that the notifications under Ss. 4, 6, and 20 of the Indian Forest Act, 1927 were issued bv the State Govt. for declaring a certain area as a reserved forest in the district of bijnor. The village Shahnagar Kurali falls within that area and river Ramganga flows through the reserved forest. Abdul Latif respondent No. 3 claiming himself to be the secretary of the union of Fishermen and representative of fishermen Biradari of village Shahnagar Kurali, made an application before the Forest Settlement Officer under Section 12 of the Indian Forest Act, 1927, hereinafter referred to as the Act, for the grant of fishing right free of charge in the river ramganga to the fishermen of the village. He asserted that the fishermen of the village shahnagar Kurali have been fishing in the river since times immemorial prior to the Zamin