( 1 ) THE plaintiff filed against the State of Bombay Regular Civil Suit No. 110 of 1956 in the Court of the Civil judge (Senior Division) Baroda for two substantive reliefs. The first relief which he sought was the declaration that the order or orders made by the State Government levying upon him penalty of Rs. 2568-2-0 were illegal void and without authority. The second relief which he prayed for was that a perpetual injunction be issued restraining the State Government from withholding his deposit of Rs. 2451/

( 2 ) THE impugned orders which were made by the State Government were based upon certain allegations which the State Government made against the plaintiff. The plaintiff had entered into a contract with the State Government for felling collection and removal of timber fire-wood etc. The plaintiff was to execute that contract and fell and remove the trees situate in Songir Coupe forest in Shankheda sub-range of Chhota Udepur Sub-Division of Baroda District. The State Government alleged that the plaintiff had cut without authority 56 trees and that therefore he was liable to make good to the State Government the value of the said trees so cut and the penalty.