PATHAK, C. J.:- By this application under Article 226 of the Constitution of India the petitioner has challenged the order dated 18-1-1973 passed by the Deputy Commissioner, Lakhimpur in Misc. Case No. 1/71-72 (Elephant Missing Case).

2. The petitioners case briefly stated is as follows. In 1969-70 one Naranath Upetry was one of the Mahaldars in Elephant Mahal No. VI under Eastern Range, Borigang, District Darrang. The said mahaldar Naranath Upetry being unwilling to operate the mahal himself entrusted the management of No. VI Bongang Elephant Mahal to the petitioner though no formal agreement was entered into between them in this respect. Normally the elephant hunting operation period is from 1st October, till 15th of March, but on application being made by mahaldars the period may be extended till 30th of March. Upto 15th of March, 1970, the mahaldar operating No. VI Borgang Elephant Mahal could capture only one elephant and all the mahaldars including Naranath Upetry applied for extension and in anticipation of formal order of extension continued the mela shikar after 15th of March, 1970, till 30th March, 1970. After 15th of March, 1970, it so happened that Naranath Upet