A quasi-judicial authority cannot review its own order unless expressly permitted by statute, as established by the Indian Forest Act.

JUDGMENT :

Vipin Chandra Dixit, JJ.

1. This writ petition has been filed on behalf of the petitioner challenging the orders dated 6.2.2023, 13.2.2023 and 22.2.2023 passed by Forest Settlement Officer, Bijnor/respondent no.2 in Case No. 02 of 2022 under Section 11(2) of Indian Forest Act.

2. Brief facts of the case are that Khasra No.8 was recorded in the name of Raja Harishchandra in basic year Khatauni 1356- 1357 F and thereafter name of Kumar Chandra Bhan Singh, father of petitioner was recorded in Khatauni 1358-1359 F. The name of mother of petitioner Risal Manjari Devi, wife of Late Chandra Bhan Singh was recorded in Khatauni of 1372-74 F by the order of Forest Settlement Officer. The land was excluded from reserved forest by the order of Forest Settlement Officer dated 28.5.1965 passed in Case No. 680 of 1965 under Section 11(2) of Forest Act. The State Government had never issued any notification under Section 4 of Forest Act declaring the said land as reserved forest but entries were made by Sub Divisional Magistrate reserving the land as ‘Jungle Jhadi’.

3. The petitioner had moved an application under Section 11(2) of Forest Act challenging the illegal entries made in khatauni and case was registered as Case No. 02 of 2022. The Forest Settlement Officer, Bijnor after considering the report of Sub Divisional Magistrate as well as objection of DGC(Revenue) had passed a detailed order in favour of the petitioner vide judgment and order dated 7.12.2022 expunging the “jungle jhadi” and recorded the name of the petitioner. The finding has been recorded by the Forest Settlement Officer, Bijnor that entries of “jungle-jhadi” in revenue record is without any basis and direction was issued to record the name of petitioner being legal heir of Rani Risal Manjari Devi. The order dated 7.12.2022 was passed on merits after providing opportunity of hearing to the learned District Government Counsel(Revenue).

4. The District Government Counsel(Revenue) had moved restoration application on 21.12.2023 for recall of order dated 7.12.2022. The Forest Settlement Officer vide order dated 13.2.2023 had recalled the order dated 7.12.2022 and thereafter dismissed the case of the petitioner vide order dated 22.2.2023 which are impugned in the present writ petition.

5. Heard Sri Madhusudan Dikshit, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of State respondents and perused the record.

6. It is submitted by learned counsel for the petitioner that khasra no.8 was recorded in the name of mother of petitioner namely Risal Manjari Devi and after her death the petitioner was recorded in revenue record and he has possession over the same. The Forest Settlement Officer vide order dated 28.5.1965 passed in case no. 680 of 1965 under Section 11(2) of Forest Act had excluded the land from the limits of proposed forest. The case filed by petitioner under Section 11(2) of Forest Act being Case No. 02 of 2022 was allowed by the Forest Settlement Officer vide order dated 7.12.2022 and the name of petitioner was directed to be recorded as legal heir of Rani Risal Manjari Devi. The order dated 7.12.2022 was recalled by Forest Settlement Officer vide order dated 13.2.2023 and case no. 02 of 2023 was dismissed vide order dated 22.2.2023. The order passed by the Forest Settlement Officer dated 13.2.2023 and 22.2.2023 are without jurisdiction, as the Forest Settlement Officer has no power under the law to review his own order.

7. It is further submitted that order dated 7.12.2022 was passed on merits and the appeal is provided under Section 17 of the Forest Act against any order passed by the Forest Settlement Officer under Sections 11,12,15 and 16. The only remedy available to the respondents was to file an appeal before the District Judge against the order dated 7.12.2022. The orders impugned passed by Forest Settlement Officer are without jurisdiction as he has no power to review his own order.

8. On the other hand, learned Standing