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2015 Supreme(UK) 439

K.M.JOSEPH, V.K.BIST
Divisional Forest Officer – Appellant
Versus
Sri Bhim Dutt Pandey – Respondent


Advocates Appeared:
For the Appellant : Mr. Pradeep Joshi.
For the Respondents: Mr. S.K. Posti and Mr. Aashutosh Posti.

JUDGMENT :

V.K. Bist, J.

1. Writ petitioner (respondent in the present appeal) filed Writ Petition No. 1294 of 2014 (M/S) for following reliefs:

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 DFO Champawat to give the permission to petitioner to cut the dry wood in logs and give the transit pass to petitioner.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 DFO Champawat to comply the order dated 24.02.2014 (Annexure No. 7) to this writ petition passed by Conservator of Forest Kumaon respondent No. 2.”

2. Facts of the case, in brief, are that in the year 2003 the petitioner moved an application under Section 5 of Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 before Divisional Forest Officer, Champawat for cutting and removing five fallen trees. The said application remained pending in the office of Divisional Forest Officer, Champawat for a long period. The petitioner filed a Writ Petition No. 1831 of 2011 (M/S) before this Court. The said writ petition was disposed of on 01.09.2011 directing the appellant No. 1 to consider and decide the application of the petitioner












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