GURBACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal under section 18 of the Rajasthan High Court Ordinance, is directed against the order of the learned single Judge, dated 5. 8. 1976, whereby the demand of Rs. 35,963. 80 made by the Divisional Forest Officer, Udapur, in his Notice of Demand dated 5. 7. 72, in pursuance of the direction of the Chief Conservator of Forest, was quashed, as the same suffered from serious infirmity of not giving the appellant an opportunity of being heard It was further directed by the learned single Judge that the Chief Conservator of Forest shall now determine whether the appellant is at all liable, after giving him an opportunity of being heard. The appellant was directed through his counsel to appear before the Chief Conservator of Forest on 6. 9. 1976.

(2.) THE controversy in this appeal lies in a very narrow compass as substantially the writ petition of the appellant has been accepted. THE appellant's only grievance is with regard to the direction given by the learned single Judge to the Chief Conservator of Forests for deciding the matter afresh.

(3.) WE have heard Shri C. K. Garg, learned counsel for the appellant and Shri D. S. Shisodia, Government Advocate for the State of Rajasthan.