J.C. SHAH, J.

(1) AT an auction held by the Forest Officer, Ram Sanehi Singh respondent in this appeal-purchased the right to cut timber for the period November 1, 196 5/10/1966 from forest lots in the Mailani and Gola Ranges of South Kheri. On 10/01/1967, the Divisional Forest Officer, South Kheri Division, passed an order that the sleepers "against the tally" dated 29/10/1966, in the allotment of 1965-66 season being "wrong" since they were cut in the month of November 1966, do stand cancelled and that the sleepers be "passed against" the tally after getting the hammer-marks cancelled and be re-inspected against the allotment for 1966-67 season". By that order the timber which the respondent claims was actually removed by him with the sanction of the forest authorities under the tally, dated 29/10/1966, was to be treated as if it was removed in November, 1966.

(2) THE respondent moved a petition in the High court of Allahabad for a writ restraining the Divisional Forest Officer, South Kheri Division, Sub-Divisional Officer, Gola Forest Division and Conservator of Forests (Central Circle) Lakhimpur Kheri, from giving effect to the order cancelling his "sleeper tally"