THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.30048 of 2014 Between: Kumba Jayaram And Dated 06th November, 2014 …Petitioner The State of Telangana, rep.by its Principal Secretary, Forest Department, Secretariat, Hyderabad and another …Respondents Counsel for the petitioner: Sri P.N.Murthy Counsel for the respondents: GP for Forests (TG) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the inaction of respondent No.2 in granting permission to the petitioner for felling trees in pursuance of his application, dated 01.08.2014, as illegal and arbitrary.
The petitioner averred that he has raised cashew and mango trees over Acs.4.14 guntas of land in Survey No.17/39 of Laxmidevipally Village, Kothagudem Mandal, Khammam District stated to have been purchased by him. It is his grievance that though he has made an application on 01.08.2014 to respondent No.2 seeking permission for felling and sale of the trees, the said respondent has not been disposing of the same.
The learned Government Pleader for Forests (TG), on instructions, submitted that since the trees in respect of which application is made are situated in reserve forest area, no permission has been granted. He has, however, stated that no order has been passed on the petitioner’s application rejecting the same.
In my opinion, when an application is made for felling permission, it is the duty of respondent No.2, who is the competent authority for grant of such permission, to take a decision and communicate the same to the applicant. If respondent No.2 has any objection for grant of felling permission, he shall communicate the same to the petitioner to enable the latter to avail further remedies. Therefore, respondent No.2 is directed to consider and dispose of the petitioner’s application and communicate his decision to the petitioner within two weeks from the date of receipt of a copy of this order.
Subject to the above direction, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.37555 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 06th November, 2014
VGB