D.A.DESAI, R.B.MISRA
Bhagat Ram – Appellant
Versus
State Of H. P. – Respondent
ORDER :- Special leave granted. Delay condoned.
2. Appellant joined service as a Forest Guard in erstwhile State of Punjab and when the State of Himachal Pradesh was formed, his service stood transferred effective from November 1, 1966 to Himachal Pradesh. At the relevant time, he was serving as Forest Guard in Kulu Forest Division. It appears that one Kali Dass of village Kharka has land of his private ownership within the area covered by the beat of the appellant. Somewhere in the early part of 1973, Kali Dass cut and felled 21 spruce trees in Tarapur III, Forest of lower Kulu range. It was alleged that the appellant as Forest Guard and one Duni Chand, Block Officer failed to exercise necessary supervision with a view to preventing illicit felling of spruce trees. However. as soon as misdemeanour of Kali Dass came to light, an enquiry was held. In this enquiry, Kali Dass contended that he had cut and felled spruce trees standing on the land of his private ownership and he cannot be accused of any illicit felling of spruce trees from the forest area. This contention necessitated a measurement of the land claimed by Kali Dass to be of his private ownership and it is only after physi
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