1. In the, suit out of which P. A. No. 33 of 1949 arises the plaintiff, namely, Raja Bahadur Kamakhya Narain Singh; asked for a declaration that the provisions of the Bihar Private Forest Act (Bihar Act 3 of 1946) are illegal and ultra vires. The plaintiff alleged that in exercise of the powers conferred by that Act the State of Bihar. had issued a notification expressing their intention of constituting the notified forests belonging to the plaintiff as a private forest under the said Bihar Act 3 of 1946 and had taken over the management of the notified forests.

The case of the plaintiff was that all the provisions of Bihar Act 3 of 1946 and the notifications issued by the State Government were illegal and ultra, vires of Sec.299, Government of India Act, 1935. The plaintiff claimed two main reliefs: (1) that the Court may grant a declaration that Bihar Act 3 of 1946 was ultra vires, and (2) that the Court may grant an injunction restraining the State Government, its servants and Agents from taking over the management of the notified forests.

The suit was contested by the State of Bihar and on 30-9-1948, the Additional subordinate Judge of Hazaribagh came to the conclusion