DAULAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India.

(2.) The petitioner Daulat Singh has alleged that he was given a contract by Thakur Lakshman Singh of Ghanerao to cut and remove trees from his forest known as "Mahaveer Block" 1000 acres in area situated within his Jagir, on 14-6-1953, for a period of five years. It was alleged that the petitioner made an application to the Government of Rajasthan on 17-6-1953, for the grant of a licence to cut the trees as required by the Rajasthan Removal of Trees (Regulation) ordinance, 1949 (Ordinance No. 8 of 1949). The Government of Rajasthan at first agreed to let the petitioner cut the trees from 50 acres of forest each year, but thereafter went back on their order on 25-1-1955, and refused permission to the petitioner for cutting the trees. It was alleged that the petitioner having obtained the right to cut the trees from the forest of Thakur Lakshman Singh of Ghanerao, had acquired a fundamental right which could not be taken away by the Government at their sweet will and pleasure. It was contended that the Rajasthan Removal of Trees (Regulation) Ordinance was ultra vires, and the action of the Government in preventing the petitioner in his endeavour to cut the trees was illegal and unjustifiable.

(3.) The petition was presented on 9-2-1955. The cause oi action was alleged to nave occurred on 1-2-1955, when the petitioner, who went on the spot to cut the trees under the contract, was physically prevented from cutting the trees. One Mohammad Usman was also made a party on the allegation that the Government had at first allowed the petitioner & Mohammad Usman to cut trees from an area of 50 acres each, but thereafter conferred the right to cut trees in 100 acres per year to Mohammad Usman alone.