GANPAT PRASAD KOL Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition under Articles 226/227 of the Constitution of India, the petitioner is challenging the validity of the impugned orders dated 30.08.2001 Annexure P/7 passed by respondent no.2, order dated 29.12.2011Annexure P/9 passed by the appellate authority (respondent no.3) and the order dated 23.4.2002 Annexure P/11 passed by the revisional authority.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this petition. Suffice it to say in the forest area illegal agriculture was being made by a tractor bearing Chasis no. 0055521384 and Engine no. C.O. 5552119 R.I. but no number plate was affixed upon the said tractor. The tractor was of Mahendra Company. Admittedly, the said tractor belonged to the petitioner Ganpat Prasad Kol. Since by the said tractor cultivation was being made in the forest area, the forest authorities registered an offence and seized the tractor.

(3.) Thereafter, a show cause notice was issued to the petitioner that why the said tractor be not confiscated. In reply to the show cause notice, the petitioner submitted that cultivation was being made by the said tractor by Sukhlal and the present petitioner was not present there when the cultivation was being made, hence the show cause notice is illegal. Other averments were also denied and several averments were made in the reply.