Court No. - 5
Case :- WRIT - C No. - 20306 of 2019 Petitioner :- Smt. Lili Mahant @ Udai Chhabara Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri K.K. Tiwari, learned counsel for the petitioner and the learned standing counsel for the State-respondents.
This petition has been filed praying to quash the impugned eviction order dated 04.06.2019 passed by the In-charge Forest Officer, Shivalik Range, Saharanpur under Section 61B(2) of the Indian Forest Act, 1927.Against the impugned order, the petitioner has a right of appeal under subsection (3) of Section 61B of the Act.
In view of the aforesaid and without expressing any opinion on merits of the case, this writ petition is dismissed on the ground of statutory remedy of appeal.
If the petitioner files an appeal within three weeks from today along with a certified copy of this order, his appeal shall be entertained without raising any objection as to the limitation. Liberty is also granted to the petitioner to apply for interim relief before the appellant authority. If an application for interim relief is filed along with the appeal, it shall be decided in accordance with law expeditiously preferably within two weeks.
Order Date :- 17.6.2019 NLY