IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Special Appeal No.148 of 2015

Divisional Forest Officer & another

.……..Appellants

Versus

Sri Bhim Dutt Pandey

……Respondent

Present: Mr. Pradeep Joshi, Standing Counsel for the State/appellants.

Mr. S.K. Posti, Advocate assisted by Mr. Aashutosh Posti,

Advocate for the respondent.

Coram :

Hon’ble K.M. Joseph, C.J.

Hon’ble V.K. Bist, J.

Date: 04.11.2015

JUDGEMENT

V.K. Bist, J.

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 i