Judgement

SIKRI, J. : This appeal by certificate granted by the Judicial Commissioner, Himachal Pradesh, is directed against his judgment allowing a petition filed by the respondents and issuing a writ of mandamus directing the Divisional Forest Officer, Sarahan Forest Division, and the Chief Conservator of Forests, Himachal Pradesh -hereinafter referred to as the appellants - to issue or get issued the necessary permission for felling the trees and the transit pass, in respect of certain khasra numbers.

2. In order to appreciate the points raised by the learned counsel for the appellants, it is necessary to set out the relevant facts. Land measuring 27 bighas and 16 biswas comprised in khasra Nos. 452/1, 453, 453/1, 40, 100 and 440 and situated in village Kadiali, Tehsil Theog, District Mahasu, belonged to Government and was under the tenancy of Moti Ram. He filed an application under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 - hereinafter referred to as the Act-and was granted proprietary rights in the land by the Compensation Officer by order dated August 30, 1957. Provisional compensation was assessed at Rs. 62.56 P. The Compens