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2010 Supreme(SC) 1030

P.SATHASIVAM, B.S.CHAUHAN
Mahendra Pal – Appellant
Versus
State of H. P. – Respondent


JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) This appeal is directed against the judgment and final order dated 12.08.2008 passed by the High Court of Himachal Pradesh, Shimla in O.S.A. No. 13 of 2002 whereby the Division Bench of the High Court while affirming the judgment dated 02.07.2002 in Civil Suit No. 36 of 1998 passed by the learned Single Judge dismissed the appeal filed by the appellant herein.

3) Brief facts:

(a) Kutlehar was a small princely State in Kangra Hills having 16 Tapas (Tikas) as forests which were known as ‘Kutlehar Forests’. These forests were managed by the Raja of Kutlehar subject to the terms and conditions specified by the then Government. Such management continued generation after generation. The appellant was appointed as a Forest Officer in the capacity of Superintendent of Kutlehar Forests under Section 2(2) of the Forest Act by Notification dated 01.10.1958 issued by the then Government of Punjab before the formation of the State of Himachal Pradesh. The said forests were under the charge and management of the appellant and he was entitled to dispose of the forest produce such as resin, timber, bamboo, grass etc. in accordance with the working
































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