WPMS/460/2021
2021 Latest Caselaw 531 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
     ON THE 26TH DAY OF FEBRUARY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (M/S) No. 460 of 2021
BETWEEN:

Dinesh Singh Parihar & others            ...Petitioners
     (Mr. Veer Kunwar Singh, Advocate)


AND:

State of Uttarakhand & others            ...Respondents

     (By Mr. G.S. Negi, Additional C.S.C. for the State of
     Uttarakhand and Mr. V.K. Kaparuwan, Advocate for
     respondent no. 3)

                       JUDGMENT

According to the petitioners, they are engaged in collecting of 'Chid Gulia-Chhilka' and this is the only source of their livelihood.

2. Grievance of the petitioners is that the rate of royalty in respect of Chid Gulia-Chhilka has been enhanced from `1,313/- per cubic meter to `10,000/- per cubic meter, due to which, no buyers are coming forward to purchase the Chid Gulia-Chhilka, collected by the petitioner, which has affected their source of income.

3. By means of this writ petition, petitioners have sought following reliefs:-

(i) issue a writ, order or direction in the nature of mandamus, Commanding/directing the respondents to re-fix the rate of royalty of 'chid gulia-chhilka'; for the year of 2019-20.

(ii) issue a writ, order or direction in the nature of mandamus. Commanding/directing the respondents to decide the representation dated 11.02.20212 of the petitioners (Annexure No. 4 to this writ petition) as expeditiously as possible, or within the stipulated time granted by this Hon'ble Court, which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

4. According to the petitioners, they had made representation to the Principal Chief Conservator of Forests (HoFF), Uttarakhand, but no decision has been taken thereupon.

4. Learned counsel for the petitioners submits and confines his prayer that Principal Chief Conservator of Forests (HoFF), Uttarakhand be directed to take decision on the representation submitted by the petitioners.

5.              Having          regard        to      the     facts    and
circumstances         of        the   case,    the     writ petition is

disposed of with a direction to the Principal Chief Conservator of Forests (HoFF), Uttarakhand to consider petitioners' representation (Annexure No. 4 to the writ petition) and take appropriate decision, in accordance with law, as early as possible, preferably within a period of six weeks from the date of receipt of certified copy of this order along with copy of representation.

6. Let certified copy of this order be supplied to the petitioners within 24 hours.

(MANOJ KUMAR TIWARI, J.) Aswal