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BOMBAY HIGH COURT - BENCH AT NAGPUR
Vinay Joshi, J
Shriram Enterprises through its authorized person, Sandip s/o Shriramsingh Parihar – Appellant
Versus
Deputy Conservator of Forest, Gondia Division (Territorial) – Respondent
| Table of Content |
|---|
| 1. seizure of tendu leaves alleged illegal transportation. (Para 2 , 3) |
| 2. gramsabha claims authority under act of 2006 to transport forest produce. (Para 4 , 5) |
| 3. court emphasizes procedural requirements for forest rights. (Para 6 , 7) |
| 4. absence of recognition makes claims invalid. (Para 8) |
| 5. both petitions dismissed due to lack of merit. (Para 9) |
RULE. Rule is made returnable forthwith. Both the petitions are heard finally by consent of learned Counsel appearing for the respective parties.
2. The common challenge raised in both petitions is to the order dated 15.06.2022 passed by the learned Additional District Judge, Gondia by which the order regarding return of seized Tendu Leaves on Suprutnama has been reversed. Criminal Writ Petition No.520 of 2022 has been filed by the Private Company, who has purchased 79 bags of Tendu Leaves in auction conducted by respondent no. 6 – Gramsabha Mahasangh, Tq. Deori, whilst Criminal Writ Petition No.541 of 2022 is of Mahasangh, challenging the same order.
3. The facts in brief are that, on 18.05.2022, the respondent no.3 – Range Forrest Officer, Sadak Arjuni has seized 79 bags containing Tendu Leaves alleging illegal tr
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