Hon’ble Arun Tandon, J.—Heard Sri V.K. Singh, learned Additional Advocate General, assisted by Sri V.K. Chandel, learned Standing Counsel for the State-petitioner and Sri R.N.Singh, and Sri B.P. Singh, learned Senior Advocates assisted by Sri Vivek Kumar Singh, Advocate on behalf the contesting respondent, in both the writ petitions.

2. These two writ petitions raise common question of law and facts and have, therefore, been clubbed together and are being decided together by means of this common order. Civil Misc. Writ Petition No. 3825 of 1976 has been treated to be the leading writ petition.

3. The State of Uttar Pradesh has filed this writ petition for quashing of the orders dated 22nd March, 1961 passed by the Forest Settlement Officer, Mirzapur, dated 28th October, 1961 passed by the Commissioner Varanasi as also the order dated 28th May, 1976 passed by the IVth Additional District Judge, Mirzapur.

4. Facts in short leading to the present writ petition as are follows:

Notification under Section 4 of the Indian Forest Act, Act, 1927 (hereinafter referred to as the “Act, 1927”), was issued by the State of Uttar Pradesh on 19th December, 1955, which included amongst other