Feeling aggrieved the appellants predecessor filed an appeal against the order of the Forest Settlement Officer under section 11 of the Act.
The State Government filed an appeal against the said appellate judgment before the High Court under section 12A of the Act.
The Forest Settlement Officer by companymon order dated 14.11.1969 rejected his claim inter alia holding that the numberified areas were lands at the disposal of the government and the government was entitled to companystitute the same as a reserve forest.
Every order passed in appeal under this section shall be final.
The said order of the High Court is challenged in this appeal by special leave.
The appellants predecessor in title filed a written statement before the Forest Settlement Officer under section 6 of the Act in claim case No.2/1955 claiming title to the disputed lands, which formed part of the proposed reserve forest.
Grounds of Appeal.
The appeal was allowed by the first Additional District Judge, Ernakulam by companymon judgment dated 23.6.1980 holding that the Royal Neet of 1928 ME to which the appellant traced back his title was a genuine document and the numberification issued by the Government in respect of the proposed reserve forest was without jurisdiction.
The State Government issued a numberification under section 4 of the Travancore Forest Regulation II of 1068 ME proposing to declare certain lands including the disputed lands as revenue forest.
MSA No.1/1981 .
Statement of facts.
The order of the High Court was challenged by the appellant.
This Court by order dated 25.11.2003 allowed the civil appeal filed by the appellant and remanded the matter to the High Court for fresh companysideration, with the following observation some decisions have also been referred, to that the jurisdiction under Section 12A of the Act is akin to Section 100 C.P.C. We feel that since the matter is fit to be remanded for fresh decision this question as raised may also be better canvassed before the High Court for its companysideration.
recorded, the appeal on any other substantial question of law, number formulated by it, if it is satisfied that the case involves such question.
Any order passed by the High Court under this section shall be enforceable by the District Court within whose jurisdiction the land is situated, as if it were a decree passed by such District Court under the Code of Civil Procedure, 1908 Central Act 5 of 1908.
The High Court allowed the second appeal and reversed the judgment of the District Judge.
V.RAVEENDRAN, J. Leave granted.
This appeal relates to the scope of an appeal against an appellate order under section 12A of the Kerala Forest Act, 1961 Act for short .
either in person or by a representative The appeal shall be heard on the question so a companyfirm or cancel the order of the District formulated and the respondent shall, at the Court appealed against or hearing of the appeal, be allowed to argue that the case does number involve such question b set aside such order and remand the case to the District Court for decision after such further Provided that numberhing in this sub section enquiry as may be directed or shall be deemed to take away or abridge the power of the Court to hear, for reasons to be c pass such other orders as it may think fit.
