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RAJESH SINGH CHAUHAN
Daya Shankar – Appellant
Versus
Deputy Director Of Consolidation, Kheri, District Kheri – Respondent
JUDGMENT :
1. Heard Sri P.K. Tiwari, learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned C.S.C.-II and Sri Upendra Singh, learned Standing Counsel for the State respondents and Sri Dilip Kumar Pandey, learned counsel for the opposite party no. 6/Gaon Sabha.
2. Since the issue in both the writ petitions is identical, therefore, with the consent of parties both the writ petitions are being decided by a common judgment.
3. Learned counsel for the State has provided the detailed instructions enclosing therewith the orders of this Court passed in the issue in question as well as copy of approval dated 2.7.1980 of Sub-Divisional Officer, Nighasan whereby the lease has been granted in favour of 58 persons and other relevant correspondences/orders, same are taken on record.
4. Learned State counsel has also produced the original records to show that the instructions so provided to the Court have been taken from those original records.
5. In the first writ petition, the petitioners have prayed following relief :
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
The court reaffirmed that the notification under the Indian Forest Act validly vested land with the State, and the appellate authority exceeded its jurisdiction by setting aside unchallenged notifica....
The main legal point established in the judgment is the power of the State Government to reserve forest land or wasteland under Section 3 of the Indian Forest Act, 1927, and the consequences of vesti....
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
The main legal point established in the judgment is that the 1960 notification declaring the land as 'reserved forest' was illegal and invalid, and the Bhoodan Committee had no right to transfer the ....
The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.
The Joint Collector is competent to exercise power under BSO 15(18) and deal with the issues regarding assignment of land. The power under BSO 15(18) can be exercised at any time in view of the langu....
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