Hon’ble Shri Narayan Shukla, J.—Heard Mr.Prashant Chandra, learned Senior Advocate assisted by Ms.Shraddha Agarwal, Dr.Salil Kumar Srivatava and Mr.Hari Om Singh, learned counsels for the petitioners and Mr.D.K.Upadhyay, learned Chief Standing Counsel for the State as well as Mr.A.R.Masoodi, learned Advocate.

2. The petitioners have challenged the order passed by the Prescribed Authority/Deputy Director, Dudhwa Tiger Reserve Division, Pallia, Kheri, whereby they have been evicted from the forest land as also the order passed by the Appellate Authority i.e. the Chief Conservator of Forest and Field Director, Dudhwa Tiger Reserve, Lakhimpur Kheri upholding the order passed by the Prescribed Authority. The Prescribed Authority has passed the order in exercise of power provided under Section 61-B(2) of the Indian Forest Act, 1927 (as amended vide The Indian Forest (Uttar Pradesh Amendment) Act, 2000) as well as under Section 34-A of the Wild Life (Protection) Act, 1972 (as amended in 2002 & 2006).

3. The land in question is situated near Dudhwa National Park. The place is named as Gauri Phanta.

4. The petitioners claim protection under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short ‘Forest Rights Act, 2006’), which according to them, has overriding effect over the Indian Forest Act, 1927. Besides it they claim that they are in possession over there since the time of their ancestors and are carrying on business to earn their bread and butter since 1928. They also claim that their evictions are violative of Article 19 (1) (g) of the Constitution of India as well as the law laid down by the Hon’ble Supreme Court in the case of Chief Conservator of Forests, Government of A.P. v. Collector and others, (2003) 3 SCC 472. It is also their case that the shops in the Mandi were allotted to the petitioners in the year 1928 on yearly lease rent on the application moved by their father. Accordingly their shops are established having electricity connection etc.

5. It is stated that they had been depositing the lease rent since 1928, which continued till 1985, when the department refused to accept the rent despite their best efforts. When the authorities did not accept the rent, they filed a Civil Suit being Suit No. 844 of 1992 in the Court of Additional Civil Judge (Junior Division), Lakhimpur Kheri seeking mandatory decree against the opposite parties, which was decided on 25th of September, 1996 with the direction to the Forest Authorities to accept the arrears of lease rent from the petitioners from 1st of October, 1986.

6. It is stated that the opposite parties filed an application under Order 9 Rule 13 of the Code of Civil Procedure to recall the order dated 25th of September, 1996, but the same was rejected by means of order dated 3rd of April, 1998. They challenged the said order through an appeal being Civil Appeal No. 40 of 1998 before the District Judge, which was also rejected by means of order dated 12th of March, 1999. Thus, it is stated that the order passed by the Civil Judge attained the finality and pursuant to the order passed by the Civil Judge, they have been depositing the rent till date. Instead of conformation of their right by the Civil Court, they received the notice dated 11th of July, 2010 from the office of Regional Forest Officer, Gauri Phanta Range, Dudhwa Tiger Reserve Division, Palia-Kheri on 14th of July, 2010 for their eviction, in furtherance of the order of eviction passed on 29th of June, 2010. According to the petitioners, notices are illegal, arbitrary and uncalled for as well as also violative of principles of natural justice. They preferred applications for restoration, but of no gain. They preferred an appeal, which has also been rejected.

7. Mr. Prashant Chandra, learned Senior Advocate appearing for the petitioners submitted that the petitioners’ rights and interest are protected under the Scheduled Tribes and Other Traditional Fo