CONSERVATOR OF FOREST Vs. KHAJUR SINGH

JUDGEMENT

(1.) This application is for condonation of delay in filing CMP No. 23/1993 for readmission of Letters Patent appeal dismissed in default of applicant's appearance. The application purports to be under Section 5 of the Limitation Act. The application has arisen in the circumstances hereinafter stated:

(2.) 404 Chill scants belonging to Smt. Kailash Devi were seized at the instance of Forest authorities. Kailash Devi was aggrieved by this seizure. She accordingly filed writ petition No. 792/1986 in this court. Her plea was that the trees had been felled after obtaining permission from the competent authority and therefore the seizure of scants was illegal.

(3.) The aforesaid writ petition was contested by the applicant who asserted that permission had been granted to fell 58 trees only against which Smt. Kailash Devi felled 88 trees.