JUDGEMENT
S.H.SHETH -
(1.)The plaintiff filed against the State of Bombay Regular Civil Suit No. 110 of 1956 in the Court of the Civil judge (Senior Division) Baroda for two substantive reliefs. The first relief which he sought was the declaration that the order or orders made by the State Government levying upon him penalty of Rs. 2568-2-0 were illegal void and without authority. The second relief which he prayed for was that a perpetual injunction be issued restraining the State Government from withholding his deposit of Rs. 2451/
(2.)The impugned orders which were made by the State Government were based upon certain allegations which the State Government made against the plaintiff. The plaintiff had entered into a contract with the State Government for felling collection and removal of timber fire-wood etc. The plaintiff was to execute that contract and fell and remove the trees situate in Songir Coupe forest in Shankheda sub-range of Chhota Udepur Sub-Division of Baroda District. The State Government alleged that the plaintiff had cut without authority 56 trees and that therefore he was liable to make good to the State Government the value of the said trees so cut and the penalty. On 25th March 1955 the Chief Conservator of Forests of the State of Bombay made an order which is Ex. 34 wherein he stated that the total fine of Rs 2650-10-0 imposed upon the plaintiff by the Sub-Divisional Forest Officer Chhota Udepur for various breaches of the said agreement was justified. He further stated that towards the said amount a sum of Rs. 62-8-0 had been paid by the plaintiff and that therefore a sum of Rs 2568-2-0 was outstanding to be recovered from him. Having made this order the Chief Conservator of Forest further stated in his order that sum of Rs 2451/being the balance the deposit made by the plaintiff with the State Government in terms of the said contract could not be refunded to him.
(3.)The Sub-Divisional Forest Officer Chhota-Udepur on 16th/19th May 1955 wrote a letter to the plaintiff directing him to pay the aforesaid sum of Rs. 258-2-0 into the Government Treasury within a fortnight failing which he stated that the said amount would be recovered from his deposit.
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