Judgement

SHAH, J. : Under a contract, dated October 14, 1956, the respondent was granted a right to the forest produce from Coupe No 9, Lendara in the Sainmura Borgaon Reserved Forest in the Kanker Forest Division of Bastar District of Madhya Pradesh, for the period October 14, 1956 to March 31, 1958. The Divisional Forest Officer held an enquiry in respect of certain breaches committed by the respondent of the terms of the contract, 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 Central Provinces and Berar, to pay Rs. 8,500 as compensation assessed by him for damage done in the reserved forest and Rs. 500 as penalty under R. 30 (1) of the Forest Contract Rules. An appeal against the order to the Conservator of Forests, and a revision petition to the Chief Conservator of Forests, Madhya Pradesh, were unsuccessful. The respondent then moved the High Court of Madhya Pradesh by a petition under Art. 226 of the Constitution for a Writ quashing the order, dated January 30, 1958, directing payment of compensation and penalty and restraining enforcement of the order. The Hi