THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.A.No.1132 of 2009
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
20.05.2009 passed by the learned Single Judge in W.P.No.10209 of
2009.
The facts of the case reveal that the respondent No.1/writ
petitioner came up before this Court stating that the authorities are not entertaining his application which he has filed in respect of mutation and the learned Single Judge has disposed of the writ petition with a direction to the respondents/State to consider the application for mutation, keeping in view the documents filed by the respondent No.1/writ petitioner and pass appropriate orders in accordance with law.
Learned counsel appearing for the State Government has stated before this Court that the land in question is part of reserved forest and therefore, no mutation can be done. However, the fact remains that the learned Single Judge has simply directed the authorities to consider the application filed for mutation.
Resultantly, the present writ appeal stands disposed of with a direction to the authorities to pass appropriate orders in accordance with law, without being influenced by the findings of fact arrived at by the learned Single Judge. As the application for impleadment filed by the Forest Department has already been allowed, the factum whether it is a forest land or not shall also be 2 looked into by the State Government while passing a detailed order.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ _______________________ ABHINAND KUMAR SHAVILI, J 03.01.2022 JSU