MC 2900/2009 BEFORE HON’BLE THE CHIEF JUSTICE J.CHELAMESWAR HON’BLE MR. JUSTICE I.A.ANSARI Application is filed with the prayer as follows:- It is therefore prayed that Your Lordships would graciously be pleased to admit this application and be pleased to stay the impugned Common Judgment and Order dated 22.10.2009 passed by the learned Single Judge in W.P.(C) No.5043/2008 and W.P.(C) No.3840/2008 in the interest of justice and further be pleased to pass a n order directing the respondents not to evict the applicants from their dwellin g houses. The appeal raises the question of the interpretation of an enactment titled as The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Fores t Rights) Act, 2006, as to whether the applicants/appellants are forest dwelling Scheduled Tribal within the meaning of Section 2(c) and/or other traditional fo rest dweller within the meaning of Section 2(o) of the said Act. However, it is admitted by the applicants/appellants that they were evicted on the ground that they are encroachers of forests land. By the Judgment under appeal, the learned Judge, while declining to interfere wi th the order of eviction, observed that the State is at liberty to provide neces sary rehabilitation scheme to the petitioners. In the circumstances, we are not inclined to pass any interim order, as prayed f or, in this misc. application. Misc. case is, therefore, dismissed. However, as observed by the learned Single Judge, the State is always at liberty to rehabilitate the appellants in such a manner as it deem fit. The eviction wo uld be subject to the result of the appeal.