Neutral Citation No. - 2025:AHC:29830 Court No. - 49 Case :- WRIT - B No. - 7290 of 2008 Petitioner :- Lalji Respondent :- Dy. Director Of Consolidation Camp At Sonbhadhra And Others Counsel for Petitioner :- R.P. Singh,Dhirendra Bahadur Singh,Ram Sunder Yadav Counsel for Respondent :- C.S.C.,Anuj Kumar Hon'ble J.J. Munir,J. This matter was mentioned in the morning to be taken up. It is, accordingly taken up. Admit. Parties have exchanged affidavits. Heard forthwith. Heard Mr. Dhirendra Bahadur Singh, learned Counsel for the petitioner and Mr. Sanjay Kumar Ray, learned Standing Counsel. By the impugned order the petitioner's restoration application, seeking restoration of a reference made to the Deputy Director of Consolidation, has been dismissed. The order impugned was passed on 04.12.2007 by the Deputy Director of Consolidation, Mirzapur. The order is utterly cryptic except for one remark and that too made while noting the submissions of the learned District Government Counsel. It is remarked in the order that the District Government Counsel says that the land in dispute has been acquired for the purposes of forest through a notification under Section 20 of the Forest Act, 1927. A further remark is that the learned District Government Counsel says that no rights can possibly accrue in the petitioner's favour so far as the land in dispute is concerned, even if the restoration application is allowed. The Deputy Director of Consolidation has virtually accepted this argument without recording anything for a finding. Upon hearing learned Counsel for the parties and a perusal of the record, it is not in dispute that the land subject matter of proceedings of the reference has been acquired under the Forest Act and possibly no interest can accrue in that land in the petitioner's favour. What the learned Counsel for the petitioner nevertheless contends is that it is not the land but his rights or title involved before acquisition that has to be adjudged by the Deputy Director of Consolidation. If upon hearing the reference the petitioner's rights before acquisition are found vindicated he would be entitled to some relief, may be in compensation. In this view of the matter, we think that the impugned order deserves to be quashed and the reference heard on merits. Accordingly, this writ petition succeeds and is allowed. The impugned order dated 04.12.2007 passed by the Deputy Director of Consolidation, Mirzapur in Reference No. 4 is hereby quashed. The reference shall be heard and decided by the Deputy Director of Consolidation, Mirzapur in accordance with law after due notice to all parties including the Gaon Sabha. Let this order be communicated to the Deputy Director of Consolidation, Mirzapur through the learned Civil Judge (Senior Division), Mirzapur by the Registrar (Compliance). Order Date :- 3.3.2025 Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad