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2021 Supreme(Bom) 88

S.J.KATHAWALLA, MILIND N.JADHAV
Percy Jamshed Driver – Appellant
Versus
State of Maharashtra, Revenue and Forest Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jamsheed Master, Natasha Bhot.
For the Respondents: Ms. R.M. Shinde, Mr. A.M. Sethna, Mr. D.P. Singh.

JUDGMENT :

MILIND N. JADHAV, J.

1. Heard Mr. Jamsheed Master, learned counsel for the Petitioners, Ms. R.M. Shinde, learned AGP for Respondent Nos. 1 and 3 and Mr. A.M. Sethna, learned counsel for Respondent No. 2.

2. By the present Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for the following reliefs:-

    “(a) That this Hon'ble Court be pleased to quash and set aside the recommendations made in the impugned letter dated 17th October, 2019 and 10th February, 2021 by Respondent No. 3 and direct Respondent No. 1 not to act on the said recommendations.

(b) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or such other writ as this Hon'ble Court may deed fit to Respondent Nos. 1 and 2 to expeditiously decide the pending application under section 2 of the Forest (Conservation) Act, 1980.”

3. The Petitioners have challenged the validity and legality of two communications dated 17.10.2019 and 10.02.2021 issued by Respondent No. 3 i.e. the Principal Chief Conservator of Forest, Nagpur (through its Nodal Officer) to Respondent No. 1 i.e. the Principal Secretary, Revenue and Forest Department, State Gover

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