( 1 ) THIS is a proceeding under the Contempt of Courts Act. Shri M. K. Gautam, naib-Tahsildar, Mandsaur, by his application dated 7 December 1966 moved this court for taking action against Keshrimal Gupta for having committed contempt of his Court.

( 2 ) THE applicant is a Naib-Tahsildar. The Sub-Divisional Officer, Mandsaur, vide his order dated 14 December 1965. In revenue case No. 90-A/73 of 1965-66, appointed him as Enquiry Officer under Section 30 of the M. P. Land Revenue Code, 1959. The case referred to the applicant was of illegal cutting of a tamarind tree by one Chandanmal son of Nathulal of village Afjalpur. The alleged act of chandanmal was in violation of Rule 2 (iii), framed under Section 240 of the M. P. Land Revenue Code, 1959, liable to be punished under Section 253 of the Code. ( 3 ) THE applicant states that in response to a show cause notice, Chandanmal admitted the alleged act of cutting the tamarind tree but pleaded that he had done so at the instance of the Sarpanch Keshrimal Gupta, the contemner. Since the sarpanch had no authority to grant such permission, he was called upon to explain it. The contemner was the Sarpanch of Afjalpur Gram Panchayat on that date. The contemner (vide his letter dated 15 April 1966) replied that permission was granted by him under Section 54 of the M. P. Panchayats Act. In his letter, containing the said reply, the contemner employed the following expression also:-

"is prakar ke shabdon ka prayog karna apko shobha nahin deta. Panchayat sanstha ke uchchadhikari ke sath is prakar ka wyawahar karna ek kanishta wyawahar ka dyotak hai. Mere ko dhons suchak shabdon ka prayog karna apse shaskiva adhikari ke liye punah shobha spad nahin hai. "

The applicant then called upon the Sarpanch Keshrimal to show cause why the matter should not be referred under Section 3 of the Contempt of Courts Act. In reply to this show cause notice, the contemner addressed a letter dated 26 July 1966. In which he said thus:-"panchayat par khule roop men aap apna nirnay dekar arop laga rahe hain. Kya Prajatantra men ektantra ke sewak ko ck Prajatantrik sanstha par arop lagana aur akshep lagana kahari tak nyaya sangat hai. Iska karan spasta hai ki raksha kosh ki gadbadi ke sambandh men Panchayat men apke liye likha hai. Dusare Afzalpur ke ek bamboo ka sarkari ka prakaran 379 zapta foujdari mujh par apke dwara chalaya gaya aur nayalaya se kharij ho chuka hai. In sab. karnon se ap badle ki bhawana se yah karyawahi mere virudh ki ja rahi hai jiske liye mukhya mantri mahodaya (Panchayat wibhag) Madhya Pradesh ko alas se niwedan kiya ia raha hai. "

( 4 ) IN these circumstances, Shri Gautam made this application for taking action against Sarpanch Keshrimal Gupta under the Contempt of Courts Act.

( 5 ) WHEN this matter came up for hearing, the contemner filed a written apology, unqualified and unconditional. He threw himself at the mercy of this Court and prayed to be pardoned,

( 6 ) BUT the first question is whether the Naib-Tahsildar was a Court when he was acting as an enquiry officer in respect of contravention of Section 240 of the M. P. Land Revenue Code, 1959. The first subsection of Section 240 empowers the State government to frame rules to prohibit or regulate the cutting of trees. Sub-section (2) empowers the State Government to specify the area to which such rules would apply. Sub-section (3) empowers the State Government further to make rules for regulating the control, management, felling or removal of the forest growth on the lands belonging to the State Government.

( 7 ) RULE 2 of the Rules, framed under that Section reads thus:-

"2. Trees of the following specie;- shall not be cut without the permission in writing of the Collector:-- (i ). . . . (ii ). . . . (iii) Imli (Tamarind) (iv) (v ). . . . " Rule 6 runs thus:--"6. Where any Revenue Officer has reason to believe that a tree standing on the land, belonging to the State Government has been cut in contravention of the provisions o