PUNJABHAI DHULABHAI VANKAR Vs. MAMLATDAR

JUDGEMENT

(1.) Rule. Mr. Nanavati, learned AGP, waives notice of rule.

(2.) With consent of the learned advocates appearing for both the sides, the matter is finally heard today.

(3.) The short facts of the case are that the action was initiated against the petitioner for unauthorised cutting of the trees under the Saurashtra Felling of Trees (Infliction of Punishment)Act, 1951. Vide order dated 30.03.1997, the Mamlatdar found that the breach is committed and penalty of Rs. 59,000/- was imposed upon the petitioner. The petitioner carried the matter before in Appeal before the Deputy Collector being Appeal No. 4/97, and ultimately, vide order dated 12.05.1997, the Deputy Collector found that the inquiry is not properly held, therefore, the matter was remanded to the Mamlatdar for de novo inquiry and to decide afresh. The Mamlatdar thereafter, held the inquiry and passed the order on 30.10.1998, whereby the breach was found, but he imposed the penalty of Rs. 2,250/- upon the petitioner. The petitioner carried the matter further once again in appeal being Appeal No.12/98, the appeal was dismissed and the order of the Mamlatdar dated 30.10.1998 was confirmed. The petitioner further preferred revision before the State Government against the order in appeal, and in the said revision, the State Government vide order dated 25.09.2000, not only dismissed the appeal but confirmed the order dated 03.03.1997 passed by the Mamlatdar for imposition of fine of Rs. 59,000/-. It is under these circumstances, the present petition.