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Judgment
The present batch of writ petitions has been filed by the petitioners, who claim to be forest dwellers asserting various rights under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, framed under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
By means of supplementary affidavits, the petitioners have brought on record the orders passed by the Sub-Divisional Magistrate rejecting the claim of the petitioners, and also the orders passed by Divisional Forest Officer for eviction of the petitioners. The eviction orders are dated 30.07.2026.
Learned State Counsel submits that the eviction orders have been passed under Section 61-A(2) of the Indian Forest Act, 1927, as amended by the State of Uttarakhand. He submits that against the said orders the petitioners have remedy of filing appeal before the Conservator of Forests under Section 61-A(4) of the Indian Forest Act, 1927.
Learned counsel for the petitioners submit that, in view of pendency of the instant writ petitions, the time for filing appeal has expired, and she prays that in case appeal is filed, the same be directed to be decided by the appellate authority without raising any objection regarding limitation.
Learned State Counsel has no objection in this regard.
Accordingly, the writ petitions are disposed of as withdrawn, with liberty to the petitioners to file appeal before the appellate authority. It is further provided that in the event appeal is filed within two weeks from today, the appeal shall be entertained and shall be decided on merits without raising any objection regarding limitation. It is further provided that likewise in case appeal is filed against the rejection orders within two weeks from today under Rule 15 before the Divisional Level Committee, the same shall also be entertained and decided on merits without raising any objection regarding limitation.
Let a copy of the instant order be placed on the file of the connected matters.
All pending applications stand disposed of accordingly.