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2025 DAILYLAW 66007 (ALL)

SMT. HARPALI DEVI v. STATE OF U.P. AND 4 OTHERS

WRIC/20957/2025 · 2025-07-07

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108241-DB Court No. - 21 Case :- WRIT - C No. - 20957 of 2025 Petitioner :- Smt. Harpali Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner's son has been issued a notice by Regional Forest Officer, Hasanpur Range, Forest and Wildlife Division, Amroha under section 61(B) of the Indian Forest Act, 1927. The notice mentions that the noticee has illegally occupied certain forest lands and he should vacate the same by 28.05.2025, failing which action under appropriate provisions of law would be taken against him. 2. The submission of the learned counsel for the petitioner is that on basis of the impugned order, the respondents are threatening to demolish the constructions of the petitioner, which according to the petitioner, are not over the forest land but over Gata No.80, which is recorded in the name of the petitioner. 3. Under Section 61(B) on receipt of show cause notice, it is open to the person concerned to show cause and the Regional Forest Officer has to pass an order of eviction for reasons to be recorded therein. Any person aggrieved by such order has been given a right to appeal before the Conservator of Forests. 4. Sri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State submits that in case, any reply is submitted by the petitioner in response of the show cause notice, the same will be duly considered by the concerned Forest Officer and an order as contemplated under law, shall be passed before taking any coercive action against the petitioner. 5. Accordingly, we dispose of the instant petition with liberty to the petitioner to reply to the impugned notice within two weeks from today alongwith true attested copy of the instant order. The Forest Officer concerned shall proceed strictly in accordance with the procedure as prescribed under section 61(B) of the Act and the petitioner shall not be evicted unless order in writing, as contemplated in sub-section (2) of 61(B) of the Act, is passed. 6. The petition stands disposed of. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad