JUDGMENT

Tandon, J. - The above petition and five others, i.e. Writ Petitions Nos. 224 to 227 of 1958 and 271 of 1958 possess similar facts, though differing in minor details; nevertheless the questions arising for decision are the same. They have, therefore, been heard together and shall be disposed of by the present judgment.

2. The following facts will be necessary to appreciate the points at issue. One Sardar Sahdeo Singh used to be the Lambardar and co-sharer of Grant Sahebganj Pargana Atwa Piparia District Kheri until zamindaris were abolished in this State in July, 1952, upon the enforcement of the UPZA and LR Act. A couple of years prior to 1950 the District Magistrate of the district where the said Grant is situate sent notices to the proprietors thereof asking them to have the waste lands and other lands on which trees were standing to be placed under cultivation, but if they failed legal action would be taken against them. The Petitioners point out that in pursuance of the said notice Sardar Sahdeo Singh, Lambardar and co-sharer gave leases to several persons including the Petitioners for the cultivation of waste lands etc. In this manner leases for specific areas happened to be made in favour of the Petitioners on March 20, 1951. The amount of rent was also fixed in them. And in due course the lessees' names were also entered in the Khataunis of 1359 Fasli as tenants of the areas leased out to them-these leases undisputably were for purposes of cultivation. After the abolition of the zamindaris under the UPZA and LR Act, the lessees were entered as sirdars of the lands held by them. The above entries continue to exist in their favour even to this date.

3. S. 3 of the Indian Forest Act, 1927, empowers the State Government to constitute any forest land or waste land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is entitled, a reserved forest. Section 4 and the following sections have prescribed the manner in which this can be done. They are thus:

4(1) Whenever it has been decided to constitute any land a reserved forest the State Government shall issue a notification in the local official Gazette:

(a) declaring that it has been decided to constitute such land a reserved forest:

(b) specifying, as nearly as possible, the situation and limits of such land, and

(c) appointing an officer (hereinafter called the "Forest Settlement Officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest produce, and to deal with the same as provided in this chapter....

6. When a notification has been issued u/s 4, the Forest Settlement Officer shall publish in the local language of the State in every town and village in the neighbourhood of the land comprised therein a proclamation:

(a)....

(b)....

(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in Section 4 or Section 5 within such period either to present to the Forest Settlement Officer a written notice specifying, or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.

7. The Forest Settlement Officer shall take down in writing all statements made u/s 6, and shall at some convenient place inquire into all claims duty preferred under that section, and the existence of any rights mentioned in Section 4 or Section 5 and not claimed u/s 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.

8. For the purpose of such inquiry, the Forest Settlement Officer may exercise the following powers, that is to say:

(a) power to enter, by himself or any officer authorised by him for t