MOHANLAL HIRALAL SHARMA Vs. SARADHOO BIJOO GOND

JUDGEMENT

(1.) R .S. Shukla This order will govern Second Appeals Nos. 9 and 40 to 58 /XXXIII -7/57, in all 20 appeals, arising out of a common order passed by the Commissioner in his Rev. Case No. 31 /XXXIII -7 /56 -57.

(2.) THE preliminary order passed under section 4 (3) of the M. P. Protection of Scheduled Tribes (Interest in Trees) Act, 1956 (hereinafter called the Act) by the Collector, Bastar, in these cases was challenged before the Commissioner on various grounds. The learned Commissioner found no force in the appeals and dismissed them summarily. The order of the Commissioner is now challenged on a large number of grounds, all of which need not be gone into at this stage for reasons recorded below.

(3.) I will proceed against him ex parte under section 32 (2), M. P. Land Revenue Code. On 6 -12 -56 the opposite party, namely, the respondents were examined and the case was fixed for hearing before the Collector on 8 -12 -56 to whom the report was submitted on the same date 6 -12 -56. The Collector made the following order -sheet entry on 8 -12 -56. 8 -12 -56. None present though the S.D.O. had fixed the case for hearing before me today. Preliminary order passed Case to S.D.O., Ranker, for further action.