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2019 Supreme(All) 1937

YASHWANT VARMA
State of U. P. – Appellant
Versus
A. D. J. Sonbhadra – Respondent


Advocates:
Advocate Appeared:
Prabodh Gaur, Adv., Sanjai Goswami, Adv., H.M. Srivastava, Adv., O.P. Singh, Adv.

JUDGMENT :

YASHWANT VARMA, J.

1. Heard Sri Sanjai Goswami, the learned Additional Chief Standing Counsel and Sri Rajesh Srivastava, learned Standing Counsel for the State and Sri O.P. Singh, learned Senior Advocate who has appeared for the respondents.

2. This petition challenges the orders dated 30 January 1993 and 24 May 1994 passed by the Additional District Judge. The challenge itself arises in the backdrop of proceedings taken in District Sonbhadra pursuant to the procedure as evolved and laid in place by the Supreme Court in Banwasi Sewa Ashram Vs. State of U.P. And Others, 1986 4 SCC 453. The challenge arises in the context of the proposal of the State to constitute a reserved forest in accordance with the provisions made in the Indian Forest Act, 1927, 1927 Act. On the record the Court finds an order dated 15/16 May 1950, issued by the Deputy Secretary in the Government of Uttar Pradesh and addressed to the Secretary, Board of Revenue conveying to him the sanction of the Governor to the transfer of the "Dudhi Forest" from the control and administration of the Revenue Department to the Department of Forest. The document stands testimony to the fact that the Dudhi Forest was und

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