WPMS/1578/2018
2021 Latest Caselaw 1977 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 21ST DAY OF JUNE, 2021
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1578 of 2018
BETWEEN:

Ahmed Khan & others                       ...Petitioners
     (By Ms. Hemwati, Advocate holding brief of Mr. B.S.
     Adhikari, Advocate)



AND:

State of Uttarakhand & another            ...Respondents

     (By Mr. T.S. Phartiyual, learned Additional C.S.C.)



                        JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

(i) A writ, order or direction in the nature of mandamus directing the respondent no. 2 for taking prompt and necessary steps on the application dated 23.05.2018 (annexure-3) of the District Bheshej Shakhari Sangh Ltd. Nainital accompanying with the applications of the petitioners.

2. A counter affidavit has been filed by respondent no. 2. The stand taken in para 15 of the counter affidavit is that decision on petitioner's representation dated 23.05.2018 has been taken on 11.07.2018 by the Divisional Forest Officer. The decision taken on petitioner's representation is on record as Annexure no. CA-1 to the counter affidavit.

3. Since the Competent Authority has already taken decision on petitioner's application, therefore, the relief, as claimed in the writ petition, does not survive.

4. Accordingly, writ petition fails and is hereby dismissed.

(MANOJ KUMAR TIWARI, J.) Aswal