HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26721 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Satya Prakash Shukla, learned counsel for the petitioner, Sri Ravindra Kumar, learned brief holder for the State and perused the record. 2. Sri Ravindra Kumar, learned brief holder for the State has obtained instructions in the matter, the same is placed before the court, which is taken on record. 3. By means of this writ petition filed under Article 226 of the Constitution, petitioner has prayed for a writ in the nature of mandamus to command respondent forest department authorities not to interfere in the peaceful possession of the land of the petitioner falling in plot no. 811Ga, 811M, 811Anga, 811 Anga-M with total area 8.075 hectare situated in Village- Murtiya, Pargana-Badhar, Tehsil-Gorawal, District Sonbhadra. 4. Learned counsel for the petitioner submits that in the light of the decision taken by the Settlement Officer, Sonbhadra in case no. 236/527/1456 under Section 9/11 of Indian Forest Act, 1927, the land has been clearly held to have stood vested in the petitioner, it being not a forest land. However, there was some issue of demarcation, therefore, it was directed that the demarcation exercise should be carried out. 5. It is further argued on behalf of the petitioner that instead of carrying out demarcation exercise under the order passed by the Settlement Officer, Sonbhadra on 14.05.2025, the respondent forest authorities have started interfering with the possession of the petitioner alleging that the land fell within the forest reserve area. It is further contended that the order passed by the Versus Counsel for Petitioner(s) : Satya Prakash Shukla Counsel for Respondent(s) : C.S.C. Paras Nath .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Settlement Officer, Sonbhadra on 14.05.2025 has not been further challenged by the forest department and hence the same has attained finality. 6. Learned Standing Counsel was earlier directed to obtain instructions in the matter and even though has placed the instruction before the court, but from the instruction it does not transpire that any further challenge was made to the order passed by the Settlement Officer, Sonbhadra on 14.05.2025. 7. In the circumstances, therefore, merely for a statement has been made by forest authorities that the land belongs to the forest department, it would not stand vested in the forest department. The decision made by the statutory authorities under the Forest Act declaring the land in question to be not falling in the reserve forest area is sufficient to hold that the land belonged to the petitioner and the respondent forest department are, therefore, not entitled to interfere with the same. However, the issue of demarcation lies because the land of the petitioner falls adjacent to the forest land and unless and until the demarcation is properly carried out, the boundary will continue to be claimed as overlapping and there may be interference by both the parties in future as well. 8. In the circumstances, therefore, we consider it appropriate to dispose of this petition with a direction to the petitioner to approach the concerned revenue authorities under Section 24 of the U.P. Revenue Code, 2006 on a prescribed format under the U.P. Revenue Rules to get his land demarcated and in the event he makes any such application within a period of four weeks from today, the concerned revenue authorities shall proceed to issue notice to the forest department and shall conduct proceedings to carry out the demarcation of plot as per the procedure prescribed under the relevant Rules. The entire exercise shall be carried out in presence of both the parties and proceedings shall be concluded within a maximum period of two months from the date of presentation of application by the petitioner. 9. It is further provided that until such final order passed by the revenue authorities, the forest department shall not interfere with the possession of the petitioner over and above the land falling in plot no. 811Ga, 811M, 811Anga, 811 Anga-M. October 10, 2025 #Vikram/- WRIC No. 26721 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad