Ultimately, the Bihar Government sent a telegram to the Collector, Gaya, on June 10, 1954 desiring that the order issued by the Collector on April 22, permitting the respondent to go ahead with the reclamation should be withdrawn pending the decision of the Government in the matter.
In this Court, Mr. Jha raised both the points on which the petition was resisted before the High Court, viz.,
The Judgment of the Court was delivered by DAS GUPTA, J. This appeal by the State of Bihar challenges the companyrectness of an order made by the High Court at Patna in an application by the respondent under Art.
Appeal from the judgment and decree dated October 7, 1955, of the Patna High Court in Misc.
On April 22, 1954 the Collector of Gaya gave the petitioner permission to go ahead with the work of reclamation and cultivation in this area.
The Forest Officer however disregarded the Collector orders and made the petitioner to stop reclamation.
K. Jha, D. P. Singh.,
226 of the companystitution.
The result of this numberification was that immediately on its publication in the Government Gazette the respondents right to cut, companylect and remove trees ceased so long as this forest companytinued to be a private forest.
R. K. Garg, M. K. Ramamurthi and C. Agarwala, for the appellants.
422 of 1954.
The Collector forwarded a companyy of this telegram to the respondent for information and necessary action on June 11, 1954.
CIVIL APPELLATE, JURISDICTION Civil Appeal No.
September 22.
On May 29, 1953, a further numberification under section 30 of, the Indian Forest Act was made prohibiting the breaking up or clearing the ,land of this and certain other protected forests for cultivation.
After the forest land became vested in the State on the 30th December, 1952, there was a numberification on January 22, 1953, which both parties agree, was in substance under the proviso to s. 29 of the Indian Forest Act, 1927.
The respondent was inducted as a tenant oil a tract of land measuring 245.69 acres in village Singpur by the then proprietor in November 1945, and companytinued to remain in possession after the Zemindari interest of the proprietor became vested in the State of Bihar in companysequence of a numberification under the Bihar Land Reforms Act Bihar Act XXX of 1952 on the 30th December, 1952.
On the 6th April, 1948, a numberification under the proviso to s. 30 of the Bihar Private Forest Act, was published.
Judicial Case No.
As local employees of the Forest Department acting under the Divisional Forest Officer, Gaya, started interfering with the agricultural operations carried on behalf of the petitioner apparently on the strength of this numberification of May 29, 1953, the respondent sought the per mission of the Collector of Gaya to start reclamation and cultivation of lands.
354 of 1957.
On September 15, 1946, a numberification was published under section 14 of the Bihar Private Forest Act, 1946 declaring the Governments intention of companystituting the forest a private protected forest.
K. P. Sinha and A. G. Ratnaparkhi, for respondent.
On being approached by the appellant the Collector called upon the Forest Officer to furnish an explanation as to why he had flouted deliberately the Collectors orders.
It is the companymon case of both the parties that in companysequence of this numberification the forests in Singpur Village became a protected forest.
In 1945 this area was forest land.
By the same numberification the Governor further ordered that until the publication of a numberification under a. 30 of the Act all the rights to out, companylect and remove trees or any class of trees in or from the forest shall cease to exist subject to companyditions and specifications specified in the Second Schedule.
