BHAGWAN SINGH Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THE petitioner operates a saw machine under a licence granted to him by respondent No. 1. Officials of the Forest Department appeared on the premises of the petitioner and seized saw machine as also the wood, under allegation of commission of forest offence. Respondent No. 2, thereafter, issued a show cause notice to the petitioner on 23.6.84. Notice was received by the petitioner on 25.6.84. The said notice was under S. 12 (3) (i) of the M.P. Kashtha Chiran (Viniyaman) Adhiniyam 1984, demanding to show cause as to why the saw machine be not confiscated. Copy of the notice is marked as Ann. P/2. The petitioner submitted reply on 2.7.84 (Ann. P/3). The petitioner submitted the record showing that no offence as such was committed. Respondent No. 1, however, passed order dated 24.7.84. (Ann. P/5) imposing penalty of Rs. 5,000/ - on the petitioner in exercise of the powers conferred under S. 18 of the aforesaid Adhiniyam. Dissatisfied by this order as also seizure and detention of wood, the petitioner has filed this writ petition under Article 226 of the Constitution of India for appropriate relief.