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2001 Supreme(Guj) 559

H.K.RATHOD
IBRAHIM HAJI AKBARALI GHASWALA – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.L.SONI

H. K. RATHOD, J.

( 1 ) HEARD learned advocate Mr. C. L. Soni for the petitioner and Mr. H. L. Jani, the learned APP for the respondents. In this petition, the petitioner is challenging two orders. The first order challenged by the petitioner is dated 15. 3. 2000 passed by the Dy. Conservator of Forests, Chhota Udepur and the second order challenged by the petitioner is dated 25. 5. 2000 passed by the Sessions Judge, Baroda in appeal no. 21 of 2000.

( 2 ) LEARNED advocate Mr. Soni appearing for the petitioner has challenged both the orders inter alia on the ground that the notice dated 5. 10. 1999 has been given by the Range Forest Officer who is not an authorized officer and no reasonable opportunity has been given to the petitioner prior to the passing the orders which are adverse to the petitioner by the Deputy Conservator of Forests, Chhota Udepur. He has submitted that all the extracts from the village form 7/12 were produced by the petitioner alongwith the reply to the notice dated 5. 10. 1999 but the said documents were not considered by the authorized officer and the same were ignored by the concerned authority. According to him, the order passed by the lower authorities are



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