SANTOSH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE order in this petition shall also govern disposal of the connected petition No. 2819/97 (Mukesh Kumar Yadav v. State of M.P. & others).

(2.) THIS is a petition under Article 226 of the Constitution of India by an auction purchaser of timber from the Revenue Department of the State of Madhya Pradesh.

(3.) IN opposing the petition the State of M.P. represented by the Secretary of Forest Department, the DFO and Sub Divisional Officer, Kaker have taken a stand in the return that the illegally cut trees were put to auction under an erroneous belief that it was only fire wood. Subsequently they discovered that the quality of wood was 'Saja' which was a timber for which the auction could have been ordered and transit passes could have been issued only by the concerned authorities of the Forest Department.