WPMS/295/2023
2023 Latest Caselaw 340 UK

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      01.02.2023
                                            WPMS No. 295 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Birendra Singh Adhikari, Advocate for the petitioners.

Mr. Yogesh Chandra Tiwari, Standing Counsel for the State.

The petitioners before this Court are Van Panchayats and they have agitated their grievances as against the inaction on part of Divisional Forest Officer for not conducting the public auction of the dead and fallen pine trees in the respective Panchayat areas, in accordance with the provisions contained under Rule 18D of Uttarakhand Panchayati Van Niyamawali, 2005.

The petitioner contends, that the auction of the dead wood or the fallen trees are required to be made in order to meet up the very objective of the Rules of 2005 so that the perishable woods i.e. the wood itself which had met its natural death may be put to for a fruitful utilization after its lawful auction, to be conducted by the Divisional Forest Officer. Consider the aforesaid prospective and in the wider public interest and particularly in the context of the provisions contained under Rule 18D, which was an aspect, which was considered by this Court in earlier Writ Petition, being WPMS No. 909 of 2020, Forest Panchayat SUPAI SUPYAL through Its Sarpanch Vs. State of Uttarakhand, as decided along with other writ petitions. The writ petitions were disposed of on 19.06.2020 with a direction issued to the Divisional Forest Officer, who were in the helm of affairs of the respective Van Panchayats to resort to the proceedings of auction in accordance with Rule 18D of Uttarakhand Panchayati Van Niyamawali, 2005 and to undertake the exercise of auctioning the trees within four weeks from the date of production of certified copy of the order.

The issue stands covered by the said judgment of 19.06.2020, is a fact which is not disputed by the learned counsel for the State. Hence this writ petition too would stands disposed of with an issuance of a writ of mandamus, being issued to the Divisional Forest Officer to conduct the auctioning of the dead woods and naturally fallen trees, in accordance with Rule 18D of Uttarakhand Panchayati Van Niyamawali, 2005, within a period of four weeks from the date of production of certified copy of this order.

Subject to the aforesaid, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 01.02.2023 Mahinder/