- (1.) THE petitioner in this WP under art.226 is praying for a mandamus commanding the respondents to take steps on the basis of his representation dated May 25, 2011 at p.46 addressed to the DFD, BTR (East) Division, Alipurduar Court.
(2.) CASE stated in the representation is as follows. Accepting an offer of the petitioner dated September 18, 2009 the Manager of one Sankosh Tea Garden gave him an agreement paper that he signed and which showed value of the timbers sold by the garden and purchased by the petitioner as Rs.2774375. He purchased the logs in CFt., not in CM. After he lifted 112 CM (approx.), the Manager of the garden stopped further lifting and unloaded three half -loaded trucks. Hence the administration should help him for lifting the logs.
(3.) COUNSEL for the petitioner submits that the provisions of ss.12, 13 and 14 of the Indian Forest Act, 1927 created an obligation of the Forest Settlementofficer to decide the dispute, resolve the problem and help the petitioner, because the State Government was getting the sale proceeds. A Forest Settlement -officer is appointed under s.4 of the Indian Forest Act, 1927 by the State Government by issuing a notification in the Official Gazette when a decision is taken to constitute any land a reserved forest. The officer is appointed to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest produce, and to deal with the same as provided in Chapter II of the Act. The provisions of ss.12 -14 are also in the said Chapter II. It is, therefore, evident that a dispute such as the one of the petitioner cannot fall within the jurisdiction of a Forest Settlement -officer. The dispute between the petitioner and the tea garden is a pure private law dispute and it is to be adjudicated and determined, in the absence of any specific forum mentioned anywhere else, by the Civil Court. I, therefore, do not see how the petitioner can ask the respondents to take steps on the basis of his representation.;