MULAMCHAND RATILAL ASATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a Letters Patent appeal against the order of Naik J. in Miscellaneous Petition No. 197 of 1956. The order in this appeal shall also dispose of Miscellaneous Petitions Nos. 92, 142 and 168, all of 1956. In all these cases the right of the State Government to realize the dues under forest contracts as arrears of land revenue is in question.

(2.) As a result of the coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act 1950 (No. 1 of 1951), the village forests vested in the State with effect from 31 March 1951. The right to propagate and collect lac in some of the forests of Balaghat district was auctioned by the Additional Deputy Commissioner, Balaghat, for the years 1951-52, 1952-53 and 1953-54 during September and October 1951, and the bids of the present appellant Mulamchand for Rs. 69,500/-, and of the petitioners of Miscellaneous Petitions Nos. 142 and 168 of 1956, namely, Keshrimal of the former and Shivlal of the latter petition, for Rs. 34,500/- and Rs. 11,250/- respectively, being the highest, were accepted. In these cases, separate indentures were executed by the present appellant and the other petitioners, on the one hand, and the Governor through the Deputy Commissioner, Balaghat, on the other.

(3.) In Miscellaneous Petition No. 92 of 1956, the petitioner Chandulal acquired the right to propagate and collect lac, but no document was executed to evidence the transaction. He alleged that the right was disposed of at the auction held by the Additional Deputy Commissioner, Balaghat, when his bid for Rs. 5,600/- which was the highest, was accepted for the years 1952-53, 195354 and 1954-55. The case of the State Government, on the other hand, was that the right was settled by private treaty for the years 1951-52, 1952-53 and 1953-54 between the petitioner and the Additional Deputy Commissioner, Balaghat. The case set up by the 'State Government was not disputed by the petitioner for purposes of arguments.