The State Government is not liable for torts committed by their servants in exercise of powers and duties imposed upon them by law.

( 1 ) THIS appeal has been filed by the State Government against the respondent Singhai Kapoorchand challenging the decree passed by the 1st Civil Judge, Seoni, in Civil Suit No. 6-B of 1954.

( 2 ) SHRI E. B. Reinboth, Sub-Divisional Officer, Seoni, was impleaded as defendant No. 2 in the suit. The claim has been decreed against him also; but no appeal has been filed on his behalf, nor has he been impleaded by the State Government as a respondent in this appeal.

( 3 ) THE facts in the case are not in dispute. Respondent Singhai Kapoorchand was the lambardar of Patti No. 2 in Mouza Mohgaon in Seoni Tahsil till 31-31951' when the proprietary rights vested in the State under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. 1 of 1951 ). There was forest growth on the lands belonging to the respondent. A report was made against him in the year 1949 alleging that the trees were being cut in contravention of the rules framed under Section 202 of the C. P. Land Revenue Act, 1917. Shri Reinboth, who was the Sub-Divisional Officer, Seoni, at that time and who was defendant No. 2 inthe present case, passed the order (Ex. P-3) on 31-81949 directing the respondent to suspend cutting. The timber which wag lying cut in the village was seized under Ex. . P-12 on 14-9-1949 and was placed in the custody of Hirde and Premlal under Supratnama (Ex. P-10 ). An enquiry was made by the Sub-Divisional Officer into the alleged illegal cutting and on 27-11951 he ordered the respondent to pay a fine of Rs. 500/ -. The respondent went up in appeal to the Board of Revenue, but it was dismissed on 26-10-1951 (Ex. P-4),, Thereafter, the respondent filed an application on 6-1-1952 for the return of the timber which had been seized and the Sub-Divisional Officer directed on 11-1-1951 that the timber be returned. However, when the Revenue Inspector went to return the timber to the respondent, he found that none was left in the village and therefore the timber could not be returned. Ex. P-11 is his report. The suit was accordingly filed by the respondent for the value of the timber which was seized,

( 4 ) IN defence, the State Government pleaded that the timber did not belong to the respondent, that even after the seizure, the Custody of the respondent over the timber remained and that it was he who was responsible for removing the timber with the aid of his contractor Akbarkhan. It was further stated that the State Government was not liable for any negligence of the Sub-Divisional Officer, Seoni, in seizing or returning the timber. The value of the timber claimed was disputed.

( 5 ) THE Sub-Divisional Officer (defendant No. 2) in addition pleaded that his act was done in good faith and he was protected under Section 1 of the Judicial Officers Protection Act.

( 6 ) THE trial Court held that the responsibility for returning the timber was on the Sub-Divisional Officer and the timber had disappeared on account of his negligence. Accordingly, the Court held that the Sub-Divisional Officer as we'll as the State Government were liable for the value of the timber. The value was determined at Rs. 6,000/- only and the claim was decreed for this amount against both the defendants. As we have already said, the Sub-Divisional Officer did not appeal against the decree, and in this appeal we are only concerned with the liability of the State Government. 6-A. Section 202 of the C. P. Land Revenue Act, 1917, gives power to the State Government to make rules regulating the control and management of forest growth on the lands of proprietors. Power has also been given to attach to the breach of the rules a penalty not exceeding one thousand rupees as also the power to confiscate any timber cut contrary to the rules framed under the section. In exercise of these powers the State Government has framed rules, Under these rules restrictions are placed on the right of the proprietor to cut several species of trees. Rul