JUDGMENT Hon’ble Sunil Hali, J.—Rejoinder filed today is taken on record. 2. While exercising its power under Section 3 of Indian Forest Act (in short as the ‘Act’), the State is empowered to declare any forest land which is property of Government as reserved forest. After issuance of notification under Section 3 of the Act, another notification under Section 4 of the Act shall be issued for the purpose of declaring the said land as reserved forest specifying limits of the area and appointing an enquiry 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. 3. On publication of this notification any person aggrieved by declaration of land as reserved forest is entitled to file his objections establishing his right over the said land before the Forest Settlement Officer. Section 6 of the Act provides that after notification has been issued under Section 4 of the Act, the Forest Settlement Officer shall publish proclamation specifying as nearly as possible the situation and limits of the propose forest, fixing a period of not less than three months from the date of such proclamation requiring person claiming any right mentioned in Section 4 or Section 5 to appear either in person before the Forest Settlement Officer or in writing. On receipt of such application an enquiry under Section 7 of the Act is to be conducted. The Forest Settlement Officer is required to determine the right of parties if any claim has been made in this behalf and for that purpose he enjoys the power of the Civil Court. Section 9 of the Act provides provisions for extinction of rights of those persons who have not preferred any claim in pursuance of the notification issued under Section 6 of the Act. The Section contemplates that such a person after satisfying the Forest Settlement Officer the reason for not filing a claim under Section 6, may be heard in the matter by the Forest Settlement Officer. After proceedings under Section 9 are culminated, notification under Section 20 is to be issued declaring any area as reserved forest. 4. The Section contemplates that such a person after satisfying the Forest Settlement Officer the reason for not filing a claim under Section 6, may be heard in the matter by the Forest Settlement Officer. After proceedings under Section 9 are culminated, notification under Section 20 is to be issued declaring any area as reserved forest. 4. Petitioner’s grievance is that he is cultivating and in possession of the land in question for long period of time even though there is no entry recorded in his favour in the revenue record. He has filed a claim under Section 6 of the Act for determination of his right under the said Act. It is contended by him that he was not aware of the issuance of notification under Sections 4 and 6 of the Act. As a result of which he could not prefer his claim within the period specified therein. His claim under Section 9 of the Act has been settled by the Forest Settlement Officer. While disposing of his claim the authority concerned has found that there is no recorded entry in favour of the petitioner in respect of the land which he claims to be in his possession. On this plea alone, his claim has been rejected. The appeal preferred against that order has also been dismissed on the ground that the possession of the petitioner had not been recorded in the revenue record and this fact has not been denied by the petitioner. 5. The only grievance of the petitioner is that a report was submitted by the Tehsildar concerned in which it was stated that the petitioner was in cultivating possession of the land. This fact finds mention in the order of the prescribed authority. The petitioner has stated that even through his name is not recorded in any revenue record, the report submitted by the Tehsildar that he is in possession of the land cannot be brushed aside. While deciding his claim this aspect of the matter has been ignored. The other contention is that the area has not been declared as reserved forest. The reference made in the order passed in Civil Suit No. 1077 of 1993 does not refer to Gata No. 5821 Ka. It cannot be said that the right in respect of the land in question have been adjudicated and finalised. 6. The other contention is that the area has not been declared as reserved forest. The reference made in the order passed in Civil Suit No. 1077 of 1993 does not refer to Gata No. 5821 Ka. It cannot be said that the right in respect of the land in question have been adjudicated and finalised. 6. On the other hand the stand of the respondents is that all the rights stand determined in Civil Suit No. 1077 of 1993 and as such, the plea of the petitioner cannot be entertained. Even on merits, the petitioner does not have a case as there is no documentary proof supporting the plea of the petitioner in respect of said property, as such, both the Courts below have rightly rejected the claim of the petitioner. 7. I have heard learned counsel for the parties. 8. While dealing with the claim filed under Section 9 of the Act, both the Courts below have found that the petitioner is not in cultivating possession of the land in question as there is no entry recorded in his favour in the revenue record. While perusing the import of the judgment, it is not in dispute that the petitioner’s contention that he is in cultivating possession is not recorded in the revenue record. However, the order impugned reflects that a report was submitted by the Tehsildar that the petitioner is in cultivating possession of the said land. The said report has not been considered. It has refused the claim of the petitioner only on the ground that land already stands reserved as reserved forest and no claim can be entertained in this regard. This view has been upheld by the appellate Court. 9. The question falls into consideration is as to whether notification under Section 20 of the Act has been issued. Section 20 of the Act is quoted below : “20. This view has been upheld by the appellate Court. 9. The question falls into consideration is as to whether notification under Section 20 of the Act has been issued. Section 20 of the Act is quoted below : “20. Notification declaring forest reserved.—(1) When the following events have occurred, namely : (a) the period fixed under Section 6 for preferring claims have elapsed and all claims (if any) made under that Section or Section 9 have been disposed of by the Forest Settlement-officer; (b) if any such claims have been made, the period limited by Section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and (c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under Section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under Section 16 of that Act, the State Government shall publish a notification in the Official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification. (2) From the date so fixed such forest shall be deemed to be a reserved forest.” 10. The very wording of Section-20 contemplates that all the claims made under Sections 6 and 9 of the Act should have been disposed of would include any appeal against such an order, it is only then, the notification under Section 20 shall be issued. The claims which are required to be determined under Section 6, are filed within a period of three months from the date of publication of notification under Section 6 of the Act. Section-9 contemplates that after enquiry under Section 7 right shall be extinguished unless before the notification under Section 20 is published, the person claiming his right to the said land satisfies the Forest Settlement Officer that he had sufficient cause for not preferring such claim within the period fixed under Section 6. Section 9 provides forum to a person for determination of his rights only after showing sufficient cause for not preferring his claim within time provided under Section 6 of the Act. Section 9 provides forum to a person for determination of his rights only after showing sufficient cause for not preferring his claim within time provided under Section 6 of the Act. Such a determination has to be done before notification under Section 20 is issued. 11. In the present case, notification under Section 20 is required to be published in the official gazette indicating the limits of the area which is reserved as reserved forest. No such notification has been placed on record by the respondents nor does the order of the Courts below make a mention of the same. Unless and until the notification under Section 20 of the Act is published in the official gazettee, merely because claims preferred under Section 6 stand determined will not be sufficient compliance of Section 20 of the Act. I am, therefore, not inclined to accept that the claim of the petitioner cannot be accepted as the land in question has been declared as reserved forest unless notification published in the official gazettee is notified. Unless it is notified it cannot be said that the right of the person claiming over the said land stands extinguished. 12. I, therefore, allow the writ petition and set aside both the orders of the Courts below dated 28.2.2006 and 3.2.2003 passed by the Additional District Judge, Anpara, Sonebhadara and dated 29.8.2002 passed by the Forest Settlement Officer, Sonebhadra and the Forest Settlement Officer is directed to consider the case of the petitioner in the light of the report submitted by the Tehsildar concerned and to pass appropriate orders in this behalf within a period of three months from the date a certified copy of this order is produced before him. Till the disposal of the case of the petitioner by the Forest Settlement Officer, the parties shall maintain the present status quo in respect of the land in question. —————