Writ petition under Article 227 challenging confiscation of petitioner's saw mill by Forest authorities under 1984 Adhiniyam. Petitioner claims procedural lapses. Order disposed of without substantive analysis in available text.
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HIGH COURT OF CHHATTISGARH AT BILASPUR Wrlt Pet1t1on (Certlorarll No 284/ 1995
PETITIONERR
PETITIONERR Sheo Kumar Agfawal S/o Late Shri - Mehar Chand Agrawal, aged about 26 years,occupationbusiness,Proprietor of a proprietorship firm in the name 0f M / s Mehar Chand Agrawal, occupation business resident ofltwari Bazar, Rai‘garh tahsil and district ' Raigarh (MP). VERSUS RESPONDENTS v1. The State of Madhya Pradesh through the Collector RAIGARH 2. Conservator of Forest Bilaspur Forest Circle, BILASPUR (M.P.). 3. Divisional _ Forest Officer, Forest ‘ Division, RAIGARH, 4. The Ist Additional District Judge to the Court of District Judge, RA-IGARH.
PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, (SB:Hon’bieMr.T.P.Sharma,J.)
Present:— Shri V.R. Tiwari, Advocate for the petitioner. Shri Sumit Jhanwar, P;L. for the State‘
ORAL‘ ORDER (Passedon 02/08/201 1)
By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 5/17/87. passedbyDivisionalForestOfficer Forest‘Division Raiaarh in POR No 19104/12 and oider dated 6/5/87 passed by Conservator of Forest Bilaspur Circle Bilaspur 1n representation presented by the petitioner under Section 12 (3) of the CG Kashtha Chiran (Viniyaman) Adhiniyam, 1984 (1nshort Adhiniyam 1984) and order dated 29/9/94 passedbyFirstAdditionalDistrict Judgetothe Court of District Judge 'Raigarh in Misc. Civil Appeal No. 11/87 whereby Saw Mill owned by petitioner has been confiscated by Divisional Forest Officer Forest -Div1s10n Raigarh and order has been affirmed by Conservator of Forest ‘ Bilaspur Circle Bilaspur & First Additional District Judge to the Court of District Judge Raigarh under Section 12 ( )oftheAdhi'niyarn1984.
2 issues framed by the court
Whether the order of confiscation of the petitioner's saw mill under Section 12(3) of the CG Khasba Chaubara (Vinyaman) Adhiniyam, 1984 is legal and proper?
Whether the High Court should exercise supervisory jurisdiction under Article 227 to quash the impugned orders?
2 provisions across 2 enactments
Sheo Kumar Agrawal
The State of Madhya Pradesh
Collector Raigarh
Conservator of Forest Bilaspur Forest Circle
Divisional Forest Officer Raigarh
1st Additional District Judge Raigarh
Hon'ble Mr. T.P. Sharma, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
