RAJU BAI Vs. COLLECTOR BALAGHAT

JUDGEMENT

(1.) THIS petition has been referred to a Full Bench by the learned Single Judge by order dated 21.1.2002 doubting the correctness of the decision of this Court rendered in the cases of Raghubir Singh vs. Board of Revenue and Others, 1984 RN 382 and Kanhaiyalal vs. State of M.P. and Others, (M.P. No.75 of 1983) decided on 24.6.1983.

(2.) THE brief facts, leading to the present reference, are that the petitioner, who is Bhumiswami of Khasra No.26 8/2, area 0.607 hectares of village Changotola, Patwari Circle No.3, Tehsil and District Balaghat, filed an application on 24.2.1997 before Collector, Balaghat for permission to cut three Bija trees standing on her fields. As no order or communication was received by the petitioner in response to the application, filed by her, she gave a reminder on 26.6.1997 which was received by the Collector on 21.8.1997 and, thereafter, again on 4.12.1997,5.2.1998 and ultimately on 2.4.1998 as is evident from a perusal of the order passed by the Collector dated 31.5.1999. Ultimately, on receiving no response the petitioner proceeded to cut the Bija trees on 2.4.1998.

(3.) REFUTING the claim of the petitioner, it was submitted by the respondents before the learned Single Judge in the return that the Bija trees have been cut by the petitioner without obtaining any permission as required by the Rules and have further contended that even if the provisions of granting deemed permission to the petitioner is applied, the said deemed permission was operative only till the end of the calendar year and, therefore, the felling of trees by the petitioner in the next calendar year amounts to violation of the provisions of Section 241 of the Code and the Rules framed there under and in such circumstances the impugned orders passed by the Collector and Commissioner being in conformity with law, do not call for any interference by this Court.