RAMGOPAL Vs. STATE

JUDGEMENT

(1.) THIS is a revision against an order of the S.D.O., Jaipur, dated 7.5.1954 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 lower court has flouted all principles of law and justice in deciding this case and has adopted a procedure which, to say the least, is extremely irregular. Put briefly the facts of the case are that Kanhaiya and Kalyana submitted an application to the Assistant Collector, Jaipur, on 22.6.1951 alleging that Ram Gopal had illegally cut trees from the land that he be dealt with in accordance with law. This application was forwarded to the Tehsildar with the direction that the cut wood be given in proper custody and after enquiry the case be returned to him. In compliance with this order the Tehsildar examined the case and submitted it back to the S.D.O. on 10.10.1953. The S. D. O. concerned issued notices to the parties but it appears that none of them turned up before him. He without recording any evidence what-so-ever and treating the enquiry conducted by the Tehsildar as substantive evidence in the case held that the offence was proved against the applicant Ram Gopal and imposed a fine of Rs. 50/- upon, him besides ordering realisation of Rs. 336/- as price of the wood. It is surprising indeed that it did not occur to the learned S.D.O. that he was bound to record the evidence of the parties and only on the basis of that could have arrived at his findings independently of what may have been reported to him by the Tehsildar. The evidence recorded by the Tehsildar cannot be treated as substantive evidence and it cannot provide any legal basis for any decision of the case. This clearly betrays ignorance of elementary principles of law. On, therefore, allow this revision, set aside the order of the lower court, and remand the case back to it with the direction that it be tried further and decided afresh in accordance with law.