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1975 Supreme(Pat) 148

S.K.JHA, S.N.P.SINGH
Hari Prasad Agarwalla – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.JHA, J.

1. This application under Articles 226 and 227 of the Constitution of India has been filed by the certificate debtor in Certificate Case No. 7 of 1971-72 pending in the court of the District Certificate Officer, Monghyr, respondent No. 4, praying to quash the proceedings in the aforesaid certificate case. The notices and orders in the aforesaid case issued to the petitioner have been marked Annexures - 1 to 4 to this application. The aforesaid certificate case is said to have been initiated against the petitioner by respondent No. 4 on a requisition purported to have been made by the Divisional Forest Officer, Morghyr, respondent No. 2.

2. The facts relevant for the disposal of this application may be shortly stated. There was an agreement for the purchase of Kendu leaf from lot No. 179 for a period of three years at an annual price of Rs. 13,600. The petitioner has asserted that the aforesaid agreement was subject to a provision that the Forest Department of the State of Bihar, respondent No. 1, would not allow anyone else to cut Kendu trees from the aforesaid lot. During the period of settlement, the petitioner deposited a sum of Rs. 3,400 by way of security a
















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