BISWANATH KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two matters have been heard along with several other matters as they all involve the same questions of law and the facts are more or less similar.

(2.) The common case of Petitioners in all these matters. is that they are the owners of orchards, comprised mostly of mango trees, in the districts of Malda and Murshidabad. According to the Petitioners, some of the mango and other trees in their orchards have become old and have lost their optimum fruit -bearing capacity and are no longer economically profitable. It is the Petitioner's case that such unproductive trees are required to be replaced by new trees with higher fruit -yielding capacity.

(3.) According to the Petitioners, when they began to cut down the trees which were no longer capable of yielding a profitable harvest, they - were told by employees belonging to the office of the Respondents to stop cutting the trees without the prior permission of the appropriate authority.