WPMS/1572/2018
2021 Latest Caselaw 2288 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
               ON THE 7TH DAY OF JULY, 2021
                               BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
         Writ Petition (M/S) No. 1572 of 2018
BETWEEN:

Naveen Chand Panday                          ...Petitioner
        (None present for the petitioner)

AND:

State of Uttarakhand & others                ...Respondents

        (By Mr. Devesh Ghildiyal, learned Brief Holder for the
        State of Uttarakhand)

                          JUDGMENT

1. Petitioner is a resident of Village Jolly P.O. Jolly Patti Chopra, Tehsil & District Nainital. According to him, he owns a land in the said village, over which he wants to construct a house. Since there are some trees standing over the said land, therefore, petitioner has approached this Court seeking following relief:-

(i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to give permission for cutting of five tree standing

village Jolly patti chopra District Nainital.

(ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to decide the representation of the petitioner (contained in Annexure 2 to this writ petition).

2. Having regard to the relief claimed in the writ petition, this Court thinks that ends of justice would be met, if petitioner is permitted to make fresh

representation to the Divisional Forest Officer, Nainital.

3. Accordingly, the writ petition is disposed of with liberty to petitioner to approach Divisional Forest Officer, Nainital by making representation. If such representation is made within three weeks from today, the Divisional Forest Officer shall take decision thereupon, in accordance with law, within a period of six weeks from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal