Judgment

DESAI, J.:- This appeal by special leave arises out of a writ petition filed by the respondent Bishwanath Tea Co., Ltd., in the Assam and Nagaland High Court questioning the action of the appellant, the Divisional Forest Officer, Darrang Division, of recovering Rupees 7069.37 p. as royalty for cutting and felling trees from Tezalpatty grant No. 1 held under lease dated September 27, 1932, and for a mandamus directing the appellant to issue permits without insisting upon payment of royalty for the trees cut and felled from the area under lease.

2. Respondent Bishwanath Tea Co. Ltd. (Company for short), took on lease land admeasuring 1107.26 acres from the Government. The lease was executed between the Company and the Secretary of State for India. The lease in the first instance was for a period of 15 years commencing from April 1, 1932. The lease was to be exploited for cultivation and raising tea garden. The lease was subject to conditions set out therein and generally to Assam Land and Revenue Regulation and the rules made thereunder. On February 15, 1966, manager of the Company approached the appellant seeking permission to cut 7000 cubic feet of timber from Grant N. C. Te