SHASHI BAI PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises from order dated 18.9.2015 dismissing Writ Petition (C) No. 5644 of 2008. The Learned Single Judge declined to interfere with the order dated 22.4.2006 of the Divisional Forest Officer cancelling the lease granted to the Appellant, as affirmed in Revision by the Conservator of Forests and in Appeal by the Chief Conservator of Forests.

(2.) Learned Counsel for the Appellant submits that originally lease for the subject lands was taken in the name of Respondent No. 7 in 1971 for a period of 15 years as the Appellants son was a minor. After expiry of the lease, Respondent No. 7 never applied for renewal and consented in writing that the lease may now be granted in favour of the Appellant. Respondent No.7 was never a lessee but only a name lender. A false plea had been taken by Respondent No. 7 that his signature had been obtained fraudulently representing that the document was for renewal of his lease. It was lastly submitted that the lease granted to the Appellant on 15.11.2000 was cancelled by the Divisional Forest Officer, Raipur on an application by Respondent No. 7 in violation of the principles of natural justice without any notice or hearing as also required statutorily by Rule 8 of The Establishment of Forest Villages in Reserved and Protected Forest Rules, 1977 (hereinafter called 'the Rules').

(3.) Learned Counsel for the State submitted that the order under appeal called for no interference. The contentions on behalf of the Appellant were raising disputed questions of facts on which there were concurrent findings by three authorities which did not warrant interference in the writ jurisdiction. Rule 8 had no application in the facts of the case as the lease was not cancelled for any violation of the same. The Appellant had been heard by the Conservator of Forests and the Chief Conservator of Forests. The ground for any violation of natural justice was earlier given up by the Appellant in Writ Petition (C) No. 3022 of 2008, disposed on 19.6.2008 seeking limited directions for disposal of the appeal by the Chief Conservator of Forests only.