Uttarakhand High Court
CLCON/222/2019 on 22 November, 2021
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
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CLCON No. 222 of 2019
Hon'ble Manoj Kumar Tiwari, J.
Mr. D N Sharma, Advocate for the
petitioner.
Mr. Jagdish Singh Bisht, learned
Standing Counsel for the State of
Uttarakhand.
Heard learned counsel for the parties.
WPCRL No. 1929 of 2017 filed by the
petitioner was disposed of with the following
direction:-
"Looking to the fact that the part of the relief
as claimed by the writ petitioner has already been
granted to him by respondent no. 2 by passing a
subsequent order, this writ petition is being
disposed of with a direction to respondent no. 2 to
consider the Case No. 03/Boom/2017-18, State vs.
Mohan Singh Selal, in so far it deals with the seizure
of the forest produce which have been carried by
the vehicle being Truck No. UK 05-CA0687. The
decision in Case No. 03/Boom/2017-18, State vs.
Mohan Singh Selal, would be taken within a period
of three months from today."
Alleging non-compliance of the
aforesaid direction, this contempt petition
was filed.
In the compliance affidavit, filed by
Mr. Kuber Singh Bisht, Divisional Forest
Officer, (Champawat Forest Division),
Champawat, following averments are made
in para no. 7 and 8:
"7. That in compliance of the judgment and
order dated 12.09.2018 passed by this Hon'ble
Court in writ petition criminal 1929 of 2017
Mohan Singh Selal & others Vs State of
Uttarakhand the respondent/deponent passéd
an order dated 18.12.2018 by which the legal
and valid forest produce 50 q. was released in
favour of petitioner. A true/correct/typed copy
of order dated 18.12.2018 is being annexed
herewith and marked as Annexure No. 01 to
this affidavit.
8. That the final disposal of range case no.
03/Boom/2017-18 may be done as per the
provision of Section 54 of Indian Forest Act,
1927 as amended or by Section 68 of Indian
Forest Act, 1927. In this connection the
respondent passed a detail speaking order
dated 20.05.2019 and directed the Sub-
Divisional Forest Officer, Champawat to act as
per the provision of Section 54/68 for final
disposal of case no. 03/Boom/2017-18 and
illegal Forest produce seized in the matter. A
true/correct/typed copy of speaking order
dated 20.05.2019 is being annexed herewith
and marked as Annexure No. 02 to this
affidavit."
Since petitioner's vehicle has been
released by the Competent Authority vide
order dated 18.12.2018 and another order
has been passed by the Competent
Authority on 20.05.2019 directing the
Sub-Divisional Forest Officer, Champawat to
act as per the provision of Section 54 and
58 of Indian Forest Act, 1927, therefore,
this Court is satisfied that substantial
compliance of the order passed by Writ
Court has been made.
Accordingly, the contempt petition is
closed. Contempt notice issued to opposite
party is hereby discharged.
However, petitioner shall be at liberty
to approach the appropriate forum for
redressal of his grievance, if any.
(Manoj Kumar Tiwari, J.)
22.11.2021
R. Bisht
