SATYA PRAKASH AND OTHERS Vs. COMMISSIONER, LAND REFORMS AND JAGIRS, M.B. AND ANOTHER

JUDGEMENT

(1.) THESE are four applications under Art. 226 of the Constitution of India by persons who until recently were engaged in working certain forest areas of the former Jagir of Palpur, for the manufacture of charcoal and kattha. The petitioners pray for the issue of an appropriate direction to restrain the State of Madhya Bharat from interfering in anyway with the petitioners' rights to work the forest areas and to deal with the manufactured charcoal and Kattha, which the petitioners claim to be their property.

(2.) THE undisputed facts are that on 15 -11 -1952 Jagirdar of Palpur entered into an agreement with the petitioner Satya Prakash permitting him to manufacture charcoal by felling trees in certain 900 acres of forest land in his Jagir during the period from 15 -11 -1952 to 30 -6 -1955. Satya Prakash paid a premium of Rs. 5400 to the Jagirdar for the contract. On the same date the Jagirdar entered into a separate agreement with the applicant Akbarali for the manufacture of 300 'handies' of Kattha from other forest land in his Jagir, for a consideration of Rs. 6000.

(3.) TIMBER and fuel wood already cut and charcoal prepared is allowed to be extracted and taken out of the coupe area after furnishing security considered sufficient by the D.F.O.