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1955 Supreme(All) 97

CHOWDHRY, UPADHYA
Girja Prasad Sunder Lal – Appellant
Versus
Divisional Forest Officer – Respondent


Advocates:
Ambika Prasad and Man Singh, for Applicant; Jagdish Narain Agarwala and N.D. Pant, for Opposite Party.

Judgement

CHOWDHRY, J.:- This is an application under O.45, R.13, C.P.C., by firm Girja Prasad Sunder Lal, whose writ petition under Art.226 of the Constitution was dismissed on 3-2-1955 and a special appeal against that order was summarily dismissed on 11-4-1955. The petitioner firm then applied for a certificate for appeal to the Supreme Court and preferred at the same time the present application.

2. The petitioner obtained on 8-4-1953 for a period of seven years a theka from the Raja of Singrauli for collection of tendu leaves for manufacture of biris from a forest in Mirzapur district. The provisions of the U.P. Zamindari Abolition and I and Reforms Act, 1951, which came into force on 26-1-1951, were extended to the area in question on 1-7-1953, and, as the right, title and interest of the Raja vested in the State under S.6 of that Act, and as the theka had been effected after 8-8-1946, the Divisional Forest Officer concerned issued on 29-11-1953 a notification under S.8 nullifying such thekas and calling upon the thekadars to enter into fresh contracts with him.

Negotiations in this regard between the petitioner firm and the Forest Officer having failed, the light to collect lea

































































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