ASHOKBHAI SHIVABHAI MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.Neeraj Soni, learned Assistant Government Pleader, waives service of notice of RULE for respondents Nos.1,2,4,5 and 6. Mr.Viral V.Dave, learned advocate, waives service of notice of RULE on behalf of respondent No.7. Respondent No.3, Talati-cum-Mantri of village Kothiya has not put in an appearance before this Court throughout, though served. For the aforesaid reason and as his presence is a formal one, there is no requirement of issuing notice of RULE to him. The petition is being heard and finally decided with the consent of the learned counsel for the respective parties.

(2.) BY preferring this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 20-12-2008 of the Mamlatdar, Karjan (respondent No.4), whereby he has been convicted under Section 3(1)(b) of the Saurashtra Felling of Trees (Infliction of Punishment) Act,1951 ('the Act' for short) and a fine of Rs.53,000/- has been imposed upon him for alleged unauthorised felling of trees, and the order dated 20-04-2011 passed in Revision by the Deputy Secretary, Forests and Environment (respondent No.6), quashing and setting aside the order dated 25-02-2009 passed by the Deputy Collector, Vadodara (respondent No.5) thereby confirming the order of the Mamlatdar.

(3.) MR.Neeraj Soni, learned Assistant Government Pleader, appearing for respondents Nos.1,2,4,5 and 6 has relied mostly upon the affidavit-in-reply filed by the Mamlatdar (Respondent No.4). It is submitted by the learned Assistant Government Pleader that the orders passed by the Mamlatdar and Deputy Secretary deserve no interference as the Panchanama drawn by the Circle Officer reveals that 53 Babool trees have been cut by the petitioner. It is further contended that the statements of three members of the Gram Panchayat also show that the petitioner has cut the trees. Moreover, the petitioner did not call a meeting of the Gram Panchayat or inform the members, regarding the auction, therefore, findings recorded by the Mamlatdar, as confirmed by the Deputy Secretary, are correctly arrived at.