WPMS No. 7435 of 2001 Hon’ble Tarun Agarwala, J. Mr. J.C. Pandey, Advocate for the petitioners. Mr. Dinesh Gahatori, Brief Holder for the State. Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Manoj Sah, Advocate for respondent Nos. 3 and 4. Having heard the learned counsel for the parties at some length, the Court finds that the Gram Sabha Kanari and Pabhen, the petitioners offered its land to the Forest Deptt. for forestation. Some objection was raised by the respondent Nos. 3 and 4 who are residents of Gram Sabha Padera, Patti Mahar Post Naini Saini, District Pithoragarh contending that the land belongs to Gram Sabha Sirar. On this basis, the District Magistrate passed an order dated 19/12/1986 directing that the forestation be given to Gram Sabha Sirar after forestation till the disposal of the suit. It further transpires that a suit was filed by respondent Nos. 3 and 4 which has been dismissed. Having heard the learned counsel for the parties at some length, the Court finds that the District Magistrate passed an order directing the land to be handed over to Gram Sabha Sirar after forestation without hearing the Gram Sabha Sirar. No finding has been given with regard to the land in question as to whether it belongs to the petitioner or to some other Gram Sabha. Consequently, the direction of the District Magistrate to hand over the land after forestation to the Gram Sabha Sirar cannot be sustained. The Court finds that Gram Sabha Sirar has not filed any counter affidavit. In the light of the aforesaid, the impugned orders are quashed. The writ petition is allowed. (Tarun Agarwala, J.) Dated 20.08.2011 Shiv