STATE OF BIHAR versus LT. COL. K. S. R. SWAMI

STATE OF BIHAR versus LT. COL. K. S. R. SWAMI

When permission has been given by the Collector under rule 8 of the Bihar Protected Forest Rules for clearing or cultivation, neither the Forest Officer nor the State Government has legal authority to interfere, and the respondent's rights were not extinguished as the final notification under section 30 was not issued.

Parties
Appellant: State of Bihar; Respondent: Lt. Col. K. S. R. Swami
Jurisdiction
India
Judgment Date
22 September 1961
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree Dated October 7, 1955, of the Patna High Court in Misc. Judicial Case No. 422 of 1954
Outcome
Appeal dismissed
Legal Topics
Protected Forests, Government Powers, Tenancy Rights
Administrative Law Forest Law Property Law Protected Forests Government Powers Tenancy Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

State of Bihar

Appellant

Lt. Col. K. S. R. Swami

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree Dated October 7, 1955, of the Patna High Court in Misc. Judicial Case No. 422 of 1954

Legal Issues

  1. 1 Whether the order passed by the Forest Officer under rule 4 of the Bihar Protected Forest Rules prevails over permission granted by the Collector under rule 8; whether the respondent's right to the land had ceased under section 19 of the Bihar Private Forests Act, 1947

Ratio Decidendi

When permission has been given by the Collector under rule 8 of the Bihar Protected Forest Rules for clearing or cultivation, neither the Forest Officer nor the State Government has legal authority to interfere, and the respondent's rights were not extinguished as the final notification under section 30 was not issued.

Court Disposition

Appeal dismissed

Orders

  • Writ in the nature of mandamus issued directing the appellant-Government to cancel its order on the Collector made on June 10, 1954 and restraining the Government and Forest Officer from interfering with the petitioner's possession over 245.69 acres in village Singpur.