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2016 DIGILAW 1482 (ALL)

Kush Kumar v. State of U. P.

2016-04-21

UMESH CHANDRA SRIVASTAVA, V.K.SHUKLA

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JUDGMENT Kush Kumar and three others are before this Court with following prayer: "(i)Issue a writ, order or direction in the nature of certiorari calling for the records and quash the notification u/s 4 of the Indian Forest Act, 1927 dated 10.11.1955, Notification u/s 20 of the Indian Forest Act 1927 dated 17.10.1978 published in the official gazette on 14.04.1979 as well as Notification u/s 20 of Indian Forest Act 1927 dated 29.11.1985 published in the official gazette on 20.01.1990, declaring the land (Khasra No. 1 -282) of the petitioners as Forest Reserved situated at village Ahilaya Ganj Bangar, Pargana Vrindawan, district Mathura (Annexure No. 1,2,and 3. (ii) Issue a writ, order or direction in the nature of direction in the nature of mandamus commanding the respondents to return the land of the petitioners being Khasra No. 1-282 situated at village Ahilaya Ganj Bangar, Pargana Vrindawan, district Mathura or in alternative pay compensation in respect of their land with interest. (iii) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 2. Stamp Reporter has proceeded to make report of writ petition being barred by laches by 25 years and 355 days. 3. Petitioners are contending that before declaring land as reserved forest, Forest Settlement Officer, has not followed the procedure as prescribed under Sections 7, 8, 9, and 11 of the Indian Forest Act 1927. 4. Once proceeding in question has been finalized and petitioners asserting before us that they came to know about the said fact on 07.12.2011. We are not at all going to believe the version that has been set up. 5. Sufficiency of cause that has been so mentioned that on 07.12.2011 petitioners came to know that their land has been declared as reserved forest and a Notification under Section 20 of the Indian Forest Act, 1927 has been issued then they started to invoke remedy and pursuing the matter before Civil Court, same will not help the petitioners, as no explanation is there since 20.01.1990 up till 06.12.2011. In view of this writ petition is grossly barred by laches and is accordingly dismissed on the ground of laches.