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1955 Supreme(Raj) 143

ROOP NARAIN, KANWAR BAHADUR
State – Appellant
Versus
Khuman Singh – Respondent


Advocates Appeared:
Bal Krishna Pareek, for Government

This is a revision application by the State against an order, dated 10-11-1953 given by the learned Additional Commissioner, Udaipur, in a proceeding on an application by Thakur Delmora u/Art. 12, Group D, Schdl. I of the Revenue Courts (Procedure & Jurisdiction) Act, for the issue of a license to remove trees for purposes other than domestic or agricultural.

2. We have heard the learned Government Advocate ex-part, the opposite party being absent despite notice. The facts of the case appear to be that Thikana Delmora applied to the Collector. Udaipur for permission to cut down the trees standing on the waste land which the Thikana wanted to reclaim for purposes of cultivation etc. The S.D.O. to whom his appli-cation was forwarded passed it on to Tehsildar who reported that the land in question was not required for bonafide agricultural purposes, but the applicant wanted to sell these trees to a Bohra for making Char-coal out of the same. Upon this the S.D.O. rejected the application on 8-1-1953. In appeal before the Collector the same order was confirmed. In second appeal learned Additional Commissioner observed that both the subordinate courts had given no opportunity,whatsoever,t






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