STATE OF CHHATTISGARH Vs. M.H.TRADING COMPANY

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dtd. 16/04/2003 passed by the 2nd Additional District Judge, Ambikapur in Civil Appeal No.113-A/2002 whereby the learned lower Appellate Court reversed the judgment and decree dtd. 04/09/1998 passed by the 5th Civil Judge, Class-II in Civil Suit No.242-A/97 and decreed the suit of the plaintiff.

(2.) On 09/09/2014, this appeal was admitted on following substantial question of law -

(3.) The respondent / plaintiff filed a suit for damages for declaration and permanent injunction against the State on the pleadings inter alia that the plaintiff was awarded contract for collection of Mahul leaves which is a minor forest produce, during the year 1980-81 in Ramanujganj forest range area. In execution of contract, the plaintiff was engaged in collection of leaves and storing the collection of leaves and forest produce from the area under the agreement and also stored in the go-downs at different places but on 30/10/1980, in the absence of plaintiff, the officers of the Forest Department raided store house at Dhuchapara and seized 171.80 quintals of Mahul leaves on the allegations that the same was unauthorisedly collected and stored by the plaintiff. On such pleadings, the plaintiff prayed for reliefs that it be declared that collection of leaf and storage in store house at Dhuchapara was within the territory of contract awarded to the plaintiff and decree for recovery of seized forest produce or in lieu thereof monitory compensation be awarded.