KANHAIYA Vs. STATE

JUDGEMENT

(1.) THIS is a revision application against an order of the Assistant Collector, Sawai Madhopur dated 22.9.1954 in a case under sec. 6 of the Rajasthan Removal of Trees (Regulation) Ordinance, 1949.

(2.) WE have heard the parties and have examined the record as well. We feel constrained to observe that the learned trial court has omitted to examine carefully the provisions of the Ordinance and the learned Govt. Advocate has rightly expressed his inability to support the judgment under revision. Sec. 4 (2) of the Ordinance authorised a tenant to remove trees standing on his holding for his domestic or agricultural use of his own accord if he has a right to do so, according to the law for the time being in force to which he is subject. The applicants pleaded that they had removed the trees from their khatedari holdings and that they did so for their own domestic or agricultural use. Some of the prosecution witnesses have also supported the plea taken by the applicants. It is surprising indeed that the learned lower court contended itself merely with the observation that as the applicants have admitted the removal of trees they have rendered themselves liable under sec. 6 of the Ordinance. The lower court was duty bound to examine the validity or otherwise of the plea raised by the applicant and after discussing the evidence on the point should have either accepted or rejected it. To ignore it completely is highly objectionable. The trial, therefore, stands completely vitiated. We would, therefore, allow this revision, set aside the order of the lower court and remand the case back to it with the direction that the case be enquired and decided afresh in the light of the observations made above.