JAIKISHAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by petitioner Jaikishan Das under Art. 226 of the Constitution of India.

(2.) THE petitioner has related a long woeful tale covering a period of about 11 years showing his rights have been encroached upon by one authority or the other at different times. He has stated that he is a forest contractor and that he took the private forest of zamindars of village Khoh (Alwar State) on lease in 1947 for 4 years on payment of Rs. 4000/- to them. In lieu of the said consideration, the zamindars executed in his favour a lease-deed on the 3rd of August 1947, and handed over to him the possession of the forest known as Khoh. He has produced a copy of the said lease deed and it has been marked as Ex P. T. THEn, he proceeds to say that according to certain private-forests-rules which were in force in the erstwhile Alwar State, it was necessary to obtain permission of the Government before cutting the forest and therefore he applied for the required sanction. He was able to get the desired permission from the Matsya Government after a long time on 12. 1. 49. THEreafter, the Administrator of the Matsya State restrained him from cutting the forest in August, 1949, on the basis of some complaint made to him. THE petitioner made a representation against the said order. Before it was decided, the Matsya State merged in the State of Rajasthan. His case remained pending and after about 7 years, the Government of Rajasthan decided on 28. 2. 56 that he had a right to exploit the forest Khoh under the rules in force in the former Alwar State. At the same time, the Government imposed upon him certain terms to be observed for cutting the forest. He has produced a copy of the said order of the Government and the terms imposed upon him and they are respectively marked as Ex. P. 2 and Ex. P. 3. He says that after the said order of the Government was passed, the zamindars executed in his favour another lease-deed 1 x. P. 4 on 4th March, 1956, for cutting the said forest for 10 years. THEreafter, he started cutting wood from the forest from April, 1956, but the Forest Department put many hurdles in his way and lodged complaints with the Government. THE Government was however pleased to pass an order (Ex. P. 5) on the 5th of June, 1956 and he was permitted to exploit the forest, subject to certain conditions mentioned therein. THEreafter, the petitioner executed an agreement in favour of the State of Rajasthan on 6th November, 1956. It is marked as Ex. P. 6. He goes on to say that when he started working the forest again, certain, residents of Khoh village, who claimed to be Biswedars, brought a declaratory suit against him in the court of the Civil Judge, Alwar, with a further prayer that the petitioner be restrained from cuting the forest. THEy managed to get from the court an ad-interim injunction but the learned Judge vacated the same by his order dated the 5th May, 1955 (Ex. 7 ). Even then, certain interested persons initiated against the petitioner proceedings under Sec. 145 Cr. P. C. in the court of Magistrate First Class Alwar. That petition was dismissed on 11th March, 1958 by the Magistrate's order (Ex. P. 9 ). THE persons interested against him then moved the Collector, Alwar, who directed him to stop working the forest without giving him any notice. Against this order, he had to file a writ petition in the High Court, but before it was heard, the Collector, himself vacated his previous order by a subsequent order dated the 18th April, 1958 (Ex. P, 10 ). THE petitioner then started working the jungle from 18. 4. 58. But, this time, the Chief Conservator of Forests issued certain instructions to his subordinates to stop the petitioner from exploiting the forest. THE petitioner was able to satisfy the Chief Conservator of Forests by showing him, Ex. P. 6 and so he withdrew his order by Ex. P. 11 Hated the 6th May, 1958. THEn, all of a sudden the petitioner received an order from the Ranger Rajgarh Range, on 31st May, 1s58 to stop the cutting of the Khoh forest immediately. This order was given by the Ranger in pursuance of the order of the Deputy Secretary to the Government of Rajasthan in the Revenue Department No. 9832/f. 1 (78) F. G. R. 189 dated 23rd May, 1958. He has produced copies of both the orders and they are marked as Ex. P. 12 and Ex. P. 13. It is the validity of these last orders, Ex. P. 12 and Ex. P. 13, which he has challenged in this Court.