K. Lahiri. C.J. - (1.)THIS is an application under Article 226 of the Constitution of India directed against the order dated 21.l2.83 (Annexure -F) of the Government of Assam, as well as the orders dated 3.1.84 (Annexure -G) and 12.4.1984 (Annexure -K) of the Divisional Forest Officer, Darrang West Division, Tezpur.
(2.)SHORTLY put, the case of the Petitioner is that in response to a sale notice issued under the Assam Sale of Forest Coupes and Mahals Rules, 1977, for short 'the Rules" be submitted a tender for settlement of the Gajalmari, Bawalmari and Karibeel Fishery with effect from 16.8.80 to 15.5.83. He was settled with the said fishery at an amount of Rs. 1,20,051.00 payable in 12 equal installments. For various reasons, the Petitioner could not operate the fishery with which we are not concerned. However, the Petitioner clearly admits that be defaulted in making payment of 11th and 12th kits amounting to Rs. 20,008.00, Under Rule 21 of the aforesaid Rules be approached the Government for extension of the lease. On consideration of the representation of the Petitioner, the State Government extended the term of the lease for the period of one year on payment of proportionate value plus 5% extension fee subject to the clearance of outstanding dues. Thereafter by letter dated 3.1.84, the Divisional Forest Officer, Darrang West Division, Tezpur, Respondent No. 2, directed the Petitioner to arrange to deposit a sum of Rs. 69,666 80, which included Rs. 43,655.00 as proportionate value, Rs. 6.003.00 as extension fee and Rs. 20,008.00 due for the 11th and 12 kits.
Mr. Goswami, learned Counsel for the Petitioner, has urged (i) that the provisions of Rule 21 of the Rules are not applicable in respect of fisheries; (ii) assuming that Rule 21 of the Rules are applicable in the case, the State Government acted illegally and without Jurisdiction in claiming both proportionate value as well us extension fee and (III) that the Divisional Forest Officer has illegally threatened the Petitioner that a Bakijal proceeding would be started against him, if be does not deposit the aforesaid amount.

(3.)WE have heard Mr. Laskar, learned Additional Senior Government Advocate. Assam at length, It is a debatable question as to whether fishery is a 'Mahal' as defined in "the Rules". It also passes our comprehension if fishery is a 'coupe' as defined in Rule 2(g) of "the Rules", which signifies "a compact area where in a number of trees are pre marked for sale''. Rule 2(b) defines "Mahal" to maan "a well defined area wherefrom certain types of forest produce are sold''. The term "forest produce" has been defined in the Assam Forest Regulation, 1891, which is to the following effect:
(4) "Forest produce" includes:

(a) the following, whether found in, or brought from, a forest or not, that is to say timber, charcoal, caou -tchuc, catechu, wood oil, resin, natural varnish, bark, lac, myrobalans, and rhinoceros horns, and

(b) the following when found in, or brought from, a forest that is to say

(i) trees and leaves, and fruits and all other parts or produce, not hereinafter mentioned, of trees,

(ii) plants not being trees (.including grass creepers, reeds and moss), and all parts or produce of such plants)

(iii) wild animals and skins (tusks and horns, other than rhinoceros horns), bones, silk, cocoons, honey and wax, and all other part or produce of animals, and

(iv) peat, surface -oil, rock and minerals (including limestone, nitrite, mineral oils and all products of mines or quarries) ;

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