( 1 ) BY this petition under Articles 226 and 227 of the Constitution the petitioner seeks to assail the vires of the Regulation No. 4660 published in the Madhya pradesh Raj Patra Part IV-Ga dated 23-6-1961. The impugned rules are made by the State Government in pursuance of its powers under Section 41 of the Indian forest Act.

( 2 ) THE material circumstances Riving rise In the present petition are as follows:-The petitioner is the proprietor of a saw mill situated on the Nagpur road in jabalpur where he carries on business of sawing timber in rafters etc. The petitioner is a forest contract or and has taken Government forest on lease in 5 forest Divisions-South and North-Mandla-Divisions, Chhindwara Division, Sagar division, and Seoul Division. According to him he extracts timber from the aforesaid Forest Divisions which pertain to his contract in the shape of logs bearing hammer-mark assigned to them by the Forest Officers. The timber is moved out of the Forest and is check ed by the Forest Guards at the Check Posts and checking receipts are issued in the prescribed forms in duplicate one of which is retained by the Forest Officer while its counter-foil is given to