SAMLU GOND Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The order passed in W.P. No.14965/2016 shall also govern the disposal of W.P. Nos.18136/2016, 18137/2016, 18138/2016 and 18139/2016.

(2.) This petition has been filed under Article 226 of the Constitution of India against the order dated 5.8.2016 passed by the respondent No.2/Collector, Seoni whereby the respondent No.2 in exercise of powers under Section 9(2) of the Madhya Pradesh Adim Jan Jatiyon Ka Sanrakshan (Vrakshon Mein Hit) Adhiniyam, 1999 (hereinafter referred to as 'the Adhiniyam of 1999') has confiscated the entire teak wood.

(3.) The petitioner's contention is that the invocation of the provisions of the aforesaid Act is without jurisdiction for the reason that the petitioner is the member of the scheduled tribe only and despite the fact that the aforesaid Act has been framed to safeguard the interests of the members of the scheduled tribe community.