SA/113/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No. 113 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PATEL SOMABHAI KALABHAI - Appellant(s) Versus RABGE FOREST OFFICER & 1 - Defendant(s) ========================================================= Appearance : MR JV JAPEE for Appellant(s) : 1, None for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 10/07/2008 ORAL JUDGMENT 1.0 This appeal arises from the judgment and order passed by the learned Addl. District Judge, Fast Track Court No. 4, Modasa, Sabarkantha in SA/113/2008 2/3 JUDGMENT Civil Appeal No. 48 of 2007 dated 04.10.2007 whereby, the said appeal was dismissed with costs. 2.0 The facts in brief are as under; 2.1 The appellant, original plaintiff, is the owner and occupier of a land bearing Survey No. 371 of Village Tiski, Taluka Malpur, District Sabarkantha and is earning his livelihood by doing agricultural activities on the said piece of land. In the year 2003, the respondent – authorities carried out necessary procedure for planting trees on the said piece of land. 2.2 Being aggrieved by the said action of the respondent – authorities, the appellant filed a suit before the Court of learned 5th Addl. Senior Civil Judge, Himmatnagar being R.C.S. No. 50/2003 for a declaration and permanent injunction. However, the said suit came to be dismissed by the trial Court. 2.3 Against the said order, the appellant preferred an appeal before the District Court, Sabarkantha at Himmatnagar. After completion of the pleadings and after hearing the parties, the appellate Court also dismissed the appeal. Hence, this appeal. SA/113/2008 3/3 JUDGMENT 3.0 Heard learned Advocate for the appellant and perused the documents on record. On perusal of the evidence on record, it transpires that the land in question was declared as a “Reserved Forest” way back in the year 1964 by a Notification dated 14.12.1964 published by the State Government. Moreover, the appellant has also not been able to show by producing any evidence on record that the land in question is of his exclusive ownership. 4.0 Considering the facts of the case and the evidence on record, I am of the view that both the Courts below were completely justified in passing the impugned judgments. I am in complete agreement with the concurrent finding recorded by both the Courts below and hence, find no reasons to interfere in this appeal. No substantial question of law arises within the meaning of Section 100 of the Civil Procedure Code in this appeal. 5.0 For the foregoing reasons, the Appeal stands dismissed. No order as to costs. [K. S. JHAVERI, J.] Pravin/*