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2017 Supreme(All) 926

DEVENDRA KUMAR ARORA, SHEO KUMAR SINGH I
STATE OF U. P. – Appellant
Versus
KAMAL JEET SINGH – Respondent


Advocates:
Counsel :
C.S.C. for the Petitioner; S. Mirza, H.S. Sahai and Hari Om Singh for the Respondent.

JUDGMENT

Hon’ble Sheo Kumar Singh-I, J.— By filing the present writ petition, the petitioner - State of U.P. through Divisional Forest Officer (North), Lakhimpur Kheri, has prayed to issue a writ of certiorari or appropriate writ for quashing the order dated 3.3.1978 passed by the Forest Settlement Officer, Kheri and the order dated 15.7.1978 passed by opposite party No. 2 i.e. District Judge, Kheri.

2. The main controversy in the present writ petition relates to the title over Plot Nos. 15 and 21 on which the forest department of the State of U.P. agitates the matter on the ground that after Zamindari Abolition and Land Reforms Act the plots in question situated in village Baghauwa, Pargana Palia, Tehsil Nighasan, District Lakhimpur Kheri, which were earlier recorded as Jungle and Jhari on the date of vesting, were vested in the State and after that again declared as forest land, while opposite parties contends right over the plots on the ground that right of sirdari accrues in favour of Jagat Ram son of Chaudhary Ishwar Das (Jat) resident of Neara, Post Office and District Hoshiyarpur (East Punjab) and later on transferred the land in favour of respondents with all title and inter

















































































































































































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