Court No. - 29
Case :- WRIT - C No. - 41123 of 2019 Petitioner :- Devendra Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Singh,Mool Chandra Maurya Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
A saw-mill licence existed in the name of Munne Khan s/o Munsi Khan. The said saw-mill licence was transferred in the name of the petitioner vide order dated 21.12.2000 and at the same time, the saw-mill was ordered to be re-allocated at a new place, i.e., New Revari Mohalla, Etah, by the order of respondent No.3-District Forest Officer/Divisional Director, Social Forestry Division, Etah.
The petitioner had been running the said saw-mill at the re- allocated place ever-since 2000 till the passing of the order dated November 20, 2019.
The impugned order, passed by the respondent No.3 states that in view of the letter dated 7.12.1998 of the Chief Forest Conservator, Lucknow, UP, the re-allocation of the saw-mills can only be done by him and not by any officer subordinate to him and, therefore, as the re-allocation of the petitioner's saw- mill in the year 2000 was not by the Chief Forest Conservator, the order of re-allocation is liable to be cancelled and is, accordingly, stands cancelled.
There is no dispute to the fact that under the directions of the Supreme Court and the letter referred to above, the re-allocation of the saw-mill has to be on the directions of the Chief Forest Conservator.
In view of the aforesaid and looking to the fact that the petitioner had been continuing his saw-mill at the newly allocated place for the last more than 18 years, we dispose of this petition with liberty to the petitioner to approach the Chief Forest Conservator by means of a representation for re- allocation of its aforesaid saw-mill. In case, petitioner so approaches respondent No.2 within a period of two weeks from today, he shall consider and pass a reasoned and speaking order in accordance with law for the re-allocation of the saw-mill run by the petitioner, most expeditiously, if possible, within a period of six weeks thereafter and for a period of two months or till the decision is taken on the aforesaid representation of the petitioner, the running of the saw-mill of the petitioner shall not be disturbed consequent to the order dated November 20, 2019, impugned in this petition.
Order Date :- 17.12.2019 LN Tripathi