HEMRAJ Vs. DIRECTOR SERICULTURE BHOPAL

JUDGEMENT

(1.) THOUGH this matterwas listed for orders on consent of learned counsel for the parties it is taken up for final hearing. We have heard Mr. Anoop Shrivastava, learned counsel for the appellant and Mr. Alok pathak, learned Government advocate for the respondents No. 1 and 2.

(2.) LEARNED counsel for the appellant submitted that the learned single Judge has erroneously fixed the onus. It is also urged by him that in a recent decision rendered in Sriram industrial Enterprises Ltd. v. Mahak Singh and others (2007) 4 SCC 94 : 2007-II-LLJ-393 their Lordships have held otherwise than what had been held in the case of Range Forest officer v. S. T. Hadimani AIR 2002 SC 1147 : (2002) 3 SCC 25 : 2002-I-LLJ-1053. Mr. Alok Pathak, learned Government advocate supported the order passed by the learned single Judge.

(3.) IN the case of Sriram Industrial enterprises Ltd. (supra) the Apex Court referred to the case of Range Forest Officer (supra) and eventually in paragraph 34 held as under: