KAMDAR THIKANA NIMBEDA KALAN Vs. PEMA

JUDGEMENT

(1.) THIS is a revision which has been wrongly described as an appeal, against an order of the S. D. O. Jaitaran, dated 22. 2. 1954 in a case under sec. 6 of the Rajasthan Removal of Trees (Regulation) Ordinance, 1949.

(2.) THE opposite party did not put in appearance despite notice. THE Government Advocate was, however, allowed to represent the opposite party. On 3. 10. 1952 the opposite party Khinwa and Pema lodged a report with the S. D. O. Jaitaran stating therein that thikanawala had allowed 13 green trees to be cut from the land which had been under their cultivation for the last 14 years. Notice were issued against Pemraj and Lalsingh employees of the Thikana Nimbera. How and on what basis these names were ascertained by the trial, court does not appear from the record. Pemraj and Lalsingh in their written statement denied having cut any green trees. After holding an enquiry into the matter the trial court came to the conclusion that 14 green trees were cut and hence a fine of Rs. 40/-per tree (total amount of Rs. 520/-) was imposed upon the Kamdar Thikana Nimbera. Ft is unfortunate that the name of the Kamdar was not specified in judgment and it is so wonder, therefore, that proceedings for realisation of this fine are alleged to have been started against the Thakur of the Thikana himself, on whose behalf this revision has been filed before us.