Judgment

MITTER, J. : This is an appeal by special leave from a judgment and order of the High Court of Assam and Nagaland dated January 24, 1964 passed in Civil Rule No. 208 of 1964 under Art. 226 of the Constitution of India.

2. The sole question involved in this appeal is whether the High Court was right in quashing the order of the Board of Revenue on the ground that the very basis on which the appellate order of the Board was founded did not exist and that the Board had gone wrong in taking into consideration the compounding of an offence under the Forest Regulation by the petitioner before the High Court as affecting his suitability in getting settlement of an excise shop in Dibrugarh area.

3. The facts necessary for the disposal of this appeal are as follows. One Biswabahan Das, the appellant before us, was the lessee of the said shop from 1956 to l962. The shop was settled with him again for the term l962-64 by the Deputy Commissioner. On appeal to the Board of Revenue, this was set aside on the basis of a report submitted by the Inspector of Excise and the shop was settled with the present respondent. Biswabahan went to the Assam High Court with a writ petition and succeeded