Balbir Singh And Others vs Union Territory Of J&K And Others
2021 Latest Caselaw 2 j&K

                                                                         S. No. 117
             HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU
                               (Through Video Conference)

                                                   WP (C) No. 2089/2020
                                                   CM No. 8187/2020
                                                   CM No. 8188/2020

Balbir Singh and others                                    ...Petitioner/Applicant(s)

                 Through :- Mr. Abhinav Sharma, Sr. Advocate with
                            Mr. Abhimanyu Sharma, Advocate
                v/s
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Union Territory of J&K and others
't
                                                      .....Respondent (s)

                  Through :- Mr. Aijaz Lone, Dy. AG
Coram:       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                      (through Video Conference from High Court Jammu)

                                        ORDER

19.01.2021

The petitioners vide order dated 29.02.2020 were granted permission

to cut the khair trees existing on their proprietary land, however, the petitioners

in view of lockdown due to COVID-19 pandemic, could not cut the same within

the stipulated period.

Mr. Abhinav Sharma, learned senior counsel for the petitioners

submits that the petitioners have approached the respondents by way of

representation for seeking extension of time for cutting the aforesaid trees on

their proprietary land. However, the representation of the petitioners for

extension of time has not been decided by the respondents till date. Mr. Sharma

has also placed reliance upon judgment passed by the coordinate Bench of this

Court in WP(C) bearing No. 1655/2020 decided on 07.11.2020 in which the

respondents therein were directed to consider and re-visit the cases of the

petitioners therein for extension of time qua marking and felling of Khair trees

existing on their proprietary lands.

Mr. Aijaz Lone, learned Dy. A.G. submits that respondent Nos. 3 to

9 shall consider the representation of the petitioners in accordance with law as

per the time frame mentioned in the notification under reference.

Without commenting upon the merits of the case, this petition can be

and as such, is disposed of by directing the respondent Nos. 3 to 9 to decide the

representation of the petitioners within a period of one week from the date copy

of this order is made available to the respondents by the petitioners.

Disposed of.

(RAJNESH OSWAL) JUDGE JAMMU 19.01.2021 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

RAKESH KUMAR 2021.01.21 13:18 I attest to the accuracy and integrity of this document