Judgement KHANNA, C. J. :- This appeal has been filed against the judgment of the learned single Judge dated 7-9-93, passed in Civil Rule 1736/90. 2. We have heard Mr. R. L. Yadav, the learned counsel appearing for the petitioners-appellants and Mr. A.C. Sarma, the learned Addl. Sr. Govt. Advocate appearing for the State-respondents. 3. According to the petitioners/appellants by an order dated 7-1-67, the Under Secretary to the Govt. of Assam, Forest Department, directed the Conservator of Forest for settlement of two hundred Bighas of land to twenty-five families. on 26-7-79, the petitioners/appellants were also allotted two Bighas of land. To these thirteen persons, the Conservator of Forest further decided to allot another sixty-five Bighas of land i.e., five Bighas of land to each person and these thirteen persons wanted to have the land by taking possession of the same. On 21-9-79, the Divisional Forest Officer stayed this order and directed the Range Officer not to handover possession of the aforesaid lands. It is this order passed by the Divisional Forest Officer dated 21-9-79 contained in AnnexureD1 to the Civil Rule which has been challenged in the Civil Rule. The learned single Judge found that as on enquiry it was found that the proposed allotment and handing over possession of the lands would cause loss to the Reserve Forest and the action of the Division Forest Officer required no interference by the Court. The writ petition filed by the petitioners/appellants was, therefore, dismissed. 4. It is not disputed that the lands on which the petitioners/appellants are laying their claim falls within the Reserved Forest. If that be so, provisions of the Forest (Conservation) Act, 1980 will have application. Section 2 of the Forest (Conservation) Act, 1980 places restriction on the state Government or other authorities to put any part of the Reserved Forest land or any portion thereof for any non-Forest purpose except with the prior approval of the Central Government. There is no pleading in the Civil Rule that in case of the lands on which the petitioners/appellants are laying their claims there is prior approval of the Central Government. There is no pleading in the Civil Rule that in case of the lands on which the petitioners/appellants are laying their claims there is prior approval of the Central Government. On the materials which have been in the Civil Rule, therefore, we are of the opinion that this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India cannot grant any relief in favour of the petitioners/appellants in respect of the lands which fall within the Reserved Forest and which is covered by the Forest (Conservation) Act, 1980. 5. Before parting, however, it may be observed that allotment of the land in the reserved Forest appears to have been done without taking into consideration the provisions of the Forest (Conservation) Act, 1980, the Indian Forests Act and the Rules and Regulations applicable thereunder. However, on this aspect, this Court is not expressing any final opinion as we are of the opinion that a certified copy of our judgment will be sent to the Chief Conservator of Forests within two weeks from today who shall get an enquiry conducted in this matter and will by a reasoned order pass appropriate orders in accordance with law applicable for allotment of lands in the Reserved Forest. 6. The learned counsel appearing for the petitioners/appellants has urged that the opinion expressed by the learned single Judge may prejudice the claims of the petitioners/ appellants as a finding has been recorded on merit. We are, however, of the opinion that the Chief Conservator of Forests will independently after enquiry record a finding as to who are the persons who are legally entitled to occupy any part of the Reserved Forest without taking into consideration the observation made by the learned single Judge. 7. Subject to the aforesaid observations, the present appeal is finally disposed of. However, looking to the entire facts and circumstances of the case, the parties shall bear their own costs. Order accordingly.