MANI JAIN Vs. SUB DIV FOREST OFFICER

JUDGEMENT

(1.) Appellant's truck allegedly transporting "Sagoon Wood" was seized and later confiscated vide order dated 28-8-95 passed by respondent No. 1. She took appeal to respondent No. 2 on the ground that she had no knowledge about the prohibited transportation of the wood and that she was kept in dark by the hirer of the truck. But her appeal was dismissed by order dated 14-11-96 by respondent No. 2. She thereafter filed a Criminal Revision before the 6th Addl. Sessions Judge, Indore, U/S. 15-B of M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (hereinafter called as 'the Adhiniyam') but failed there too. She then preferred W. P. No. 1365/97 before this Court which also met the same fate, though on a different reasoning. The writ Court held as under :-

(2.) Appellant has filed this appeal assailing the writ Court's order on the ground that the writ petition was maintainable and that writ Court was competent to quash order dated 8-7-97 passed by the Revisional Authority who had failed to consider the mandatory provisions of Sec. 15 (6) of the Adhiniyam.

(3.) Maintainability of the Writ Petition against orders passed by forums provided under the Adhiniyam came under cloud requiring both sides to address the Court on the issue. The two sides fairly brought out the legal position in support of the maintainability of the writ petition. Therefore, it does not involve much effort to hold that a writ petition was maintainable against an order passed in Revision by the Sessions Judge U/S. 15-B of the Adhiniyam for the reasons to follow.