TETIYABHAI DEVNABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 15th October, 1997, this Court has ordered for issuance of notice to the petitioners No.1 and 2 for enhancement of the penalty. The office has not issued notice to the petitioners No.1 and 2 and now after hearing the learned counsel for the respondents I do not consider it necessary to issue notice to the petitioners No.1 and 2.

(2.) Challenge has been made by the petitioners by this special civil application to the order of the Deputy Collector dated 28th February, 1986 under which the fine imposed by the Mamlatdar upon the petitioners for cutting off 31 Vejaru trees and 216 Bamboo bunches without prior sanction or permission of the competent authority has been enhanced.

(3.) The learned counsel for the petitioners contended that the Deputy Collector has no power to revise the order of the Mamlatdar under which fine has been imposed upon the petitioners. It has next been contended that the appeal filed by the Forest Department before the Deputy Collector was barred by time. It has last been contended that while enhancing the amount of fine, no reasons have been given.