MADAN LAL versus STATE OF U.P. AND OTHERS.

MADAN LAL versus STATE OF U.P. AND OTHERS.

Limitation for appeal under section 17 of the Indian Forest Act must be calculated from the date the aggrieved party became aware of the order of the Forest Settlement Officer, not merely from the date the order was recorded if notice was not given. Thus, the appeal was not barred by limitation, and the appeal was directed against the correct order.

Parties
Appellant: Madan Lal; Respondents: State of U.P. and Others
Jurisdiction
India
Judgment Date
28 August 1975
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court (lucknow Bench) Judgment Dated May 9, 1966 in Writ Petition No. 150 of 1960
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Notice Requirements, Appeals Under Indian Forest Act, Natural Justice
Forest Law Administrative Law Limitation Periods Notice Requirements Appeals Under Indian Forest Act Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Madan Lal

Appellant

State of U.P. and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court (lucknow Bench) Judgment Dated May 9, 1966 in Writ Petition No. 150 of 1960

Legal Issues

  1. 1 Whether the appeal under section 17 of the Indian Forest Act, 1927 was time-barred and whether it was directed against the appropriate order
  2. 2 Whether notice to the parties is required for limitation under section 17
  3. 3 Whether the High Court should have interfered using Article 226

Ratio Decidendi

Limitation for appeal under section 17 of the Indian Forest Act must be calculated from the date the aggrieved party became aware of the order of the Forest Settlement Officer, not merely from the date the order was recorded if notice was not given. Thus, the appeal was not barred by limitation, and the appeal was directed against the correct order.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.