AMARSANGH DHULABHAI ZADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed against the order passed by the Mamlatdar, Karjan in Felling of Trees Case No. 5 of 1996, confirmed by the Deputy Collector, Vadodara in Appeal No. 3 of 1996 as also in revision by the Government of Gujarat.

(2.) . It was the case of the petitioners that they are the elected members of Virjai Gram Panchayat. Respondent No. 4 was Sarpanch of the Panchayat against whom no confidence motion was passed in March, 1996. According to the petitioners, respondent No. 4 got some branches of Banyan trees removed without prior permission of the competent authority. The petitioners, therefore, filed an application before the Mamlatdar, Karjan which was registered as Felling of Trees Case No. 5 of 1996 against the Sarpanch and other persons. The Mamlatdar by an order dated September 26, 1996 held all the persons liable observing inter alia that the petitioners were also party to the resolution and convicted under Sec. 3(l)(b) of the Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 (hereinafter referred to as "the Act") and imposed fine of Rs. 1000/-. Being aggrieved by the above order, appeal was filed before the Deputy Collector which was dismissed and revision application also met with the same fate. The present petition, is therefore, filed against those orders.

(3.) . The petition was admitted, rule was issued and interim relief was also granted on condition mat all the petitioners deposit a sum of Rs. 1000/-. Learned Counsel for the petitioners stated that the said order has been complied with and the amount is deposited.