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 :

"(i) A writ, order or direction in the nature of Certiorari for quashing the impugned orders dated 14.02.2023, 27.09.2017, 16.07.2016 modified order 21.07.2016 and 31.12.1985 are being annexed as Annexure No.01, 02, 03 & 04, to this writ petition.

(ii) A writ, order or direction in the nature of Mandamus thereby commanding/directing the opposite party No.04 and 05 not interfering in peaceful possession of the petitioner over the land in question."

6. In the second writ petition, the petitioners have prayed following relief :

"(1) A writ, order or direction in the nature of Certiorari for quashing the impugned orders dated 14.02.2023, 27.09.2017. 16.07.2016 modified order 21.07.2016 and 31.12.1985 are being annexed as Annexure No.01, 02, 03 & 04, to this writ petition.

(ii) A writ, order or direction in the nature of Mandamus thereby commanding/directing the opposite party No.04 and 05 not interfering in peaceful possession of the petitioner over the land in question.

7. It has been submitted that disputed gatas were recorded before the Abolition of Zamindari by the U.P. Z.A. & L.R. Act in the name of the Rani Bhuwan Kumari w/o Raja Pratap Vikram Shah, resident of Singhai who was the Zamindar of Plot No. 1Sa and 23Sa along with another several other plots situated in Village Khairatia, Pargana-Khairigarh, Tehsil-Nighasan, District Kheri. After the Abolition of Zamindari the aforesaid plots comprised the holdings of Rani Bhuwan Kumari and she became the Bhumidhar of the plots referred to above.

8. On the enforcement of U.P. Imposition of Ceiling on Land Holding Act, 1960 proceedings were initiated against Rani Bhuwan Kumari. The Prescribed Authority under the U.P. Imposition of Ceiling on Land Holding Act, 1960 declared 423.39 acres of land as surplus which included 379.10 acres of land of land of plot No. 1-Sa and 23Sa along with other Gata on 05.12.1968.

9. After the land was declared surplus an endorsement to that effect was made in the Khetauni for the year 1376-F to 1378-F, thereafter plots were taken into possession by the state of U.P.

10. A proposed notification no. 1734/14-43-54 total area 2555 acre under Section 4 of the Indian Forest Act was published 29.03.1954 along with the disputed Gatas.

11. Thereafter the District authority of Lakhimpur executed the lease of plot No. 1- Sa and 23Sa along with the another plots area 3 acres to each in favor of the petitioners of the aforesaid under the Government Grant Act on 2.07.1980.

12. After execution of the lease deed of the respective plots the petitioners were put in possession. The leases were executed on 2 July, 1980, petitioners and others are the permanent leases by the authority concerned in exercise of the powers under section 27(3) of the U.P. Imposition of Ceiling on Land Holding Act, 1960. And on the basis of the leases the name of the petitioners was entered in the respective Khetauni of the village Khairatia.

13. The Forest authorities/respondents allege th