Such a case, it was said, was never pleaded by the companytractor in his petition, and the High Court in granting relief to the respondent made out a case which the appellants had numberopportunity to meet.
226 of the Constitution for a writ quashing the order dated January 30, 1958 directing payment of companypensation and penalty and restraining enforcement of the order.
In support of their case that the companype is a part of the reserved forest, the appellants have annexed to their petition for special leave a true companyy of a numberification issued under S. 20 of the Indian Forest Act, 1927, as applied to the Central Provinces, declaring that the State forests of the Bastar District in Tahsil Kanker Sainmura Borgaon specified in the Schedule shall be reserved forests.
Appeal by special leave from the judgment and order dated November 14, 1960 of the Madhya Pradesh High Court in Misc.
500 as penalty under r. 30 1 of the Forest Contract Rules.
The respondent then moved the High Court of Madhya Pradesh by a petition under Art.
273 of 1959.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
An appeal against the order to the Conservator of Forests, and a revision petition to the Chief Conservator of Forests, Madhya Pradesh, were unsuccessful.
Petition No.
255 of 1964.
Sen, R. P. Kapur and 1.
1956, the respondent was granted a right to the forest produce from Coupe No.
The Divisional Forest Officer held an enquiry in respect of certain breaches companymitted by the respondent of the terms of the companytract, and by order dated January 30, 1958 directed the respondent in exercise of the authority under r. 15 1 of the Forest Contract Rules framed by the Government of Cenytral Provinces Berar, to pay Rs.
9, Lendara in the Saiura Borgain Reserved Forest in the Kanker Forest Division of Bastar District of Madhya Pradesh, for the period October 14, 1956 to March 31, 1958.
The Judgment of the Court was delivered by Shah, J. Under a companytract dated October 14.
8,500 as companypensation assessed by him for damage done in the reserved forest and Rs.
P. Sinha, and S. Shaukat Hussain, for the respondent.
N. Shroff, for the appellants.
