WPMS/1422/2021
2021 Latest Caselaw 2636 UK

IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
                ON THE 27TH DAY OF JULY, 2021
                                 BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRITPETITION (M/S) No. 1422 of 2021

BETWEEN:

Van Panchayat Hartola & others.                          ...Petitioners
       (By Mr. K.K. Harbola, Advocate)

AND:
State of Uttarakhand & another.                     ....Respondents

       (By Mr. Vinod Nautiyal, Deputy Advocate General and Mr.
       Devesh       Ghildiyal,    Brief   Holder   for   the    State   of
       Uttarakhand)




                              JUDGMENT

This writ petition has been filed by four Van Panchayats of District Champawat, seeking the following relief:

"A. To issue a writ order or direction in the nature of mandamus directing the respondent/ Divisional Forest officer to Conduct Public auction of the dead and fallen pine trees situated within the area of petitioners/Forest Panchayat (Champawat) By following of the Rule 18 (Gha) of Uttarakhand Panchayat Van Niyamawali 2005."

2. Learned counsel for the petitioners submits that all the four Van Panchayats have passed a Resolution for conducting auction of the dead & fallen pine trees under Rule 18 (d) of Uttaranchal Panchayati Forest Rules, 2005.

3. It is the case of the petitioners that the said Resolution was sent to concerned Divisional Forest Officer; but, no decision has been taken thereupon.

4. After arguing for a while, learned counsel for the petitioners submits that petitioners may be permitted to make representation to Divisional Forest Officer, Champawat, who may be directed to take decision thereupon at the earliest.

5. Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioners to make representation to Divisional Forest Officer, Champawat, within two weeks from today. If such representation is made within the stipulated period, the concerned Divisional Forest Officer shall consider the request made by the petitioners and pass appropriate order, in accordance with law, particularly Rule 18 (d) of Uttaranchal Panchayati Forest Rules, 2005, as early as possible; but, not later than four weeks' from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan