DIWAN SINGH KHATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Shah for Petitioner and Mr. Thakur, APP for State.

(2.) THIS writ petition is filed for the return of the tempo which was seized under the provisions of Forest Act. Initially the similar application was made before the learned Magistrate which was rejected on the ground that the Magistrate has no jurisdiction in view of the provisions of Forest Act. The revision application taken out before the Sessions court was also dismissed on the same ground against which this writ petition is filed.

(3.) THE petitioner is having remedy under Section 61(d) of the Indian Forest Act to file an appeal before the Sessions Court. That remedy being available to the Petitioner, this writ petition is not maintainable. Hence this writ petition is rejected summarily. It will be open for the petitioner to apply for return of the tempo on bond pending the said appeal if the appeal is going to take long time for disposal.