1. Leave to add the Chief Conservator of Forests, as party respondent No.10, is granted. The necessary amendment in the cause title of the petition, be carried out forthwith.
2. This petition under Article 226 of the Constitution of India, has been preferred with the following prayers:
"(A) Your Lordships may be pleased to issue a writ or mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent nos.1 and 4 to;
delete the illegal entry in the revenue record and replace the name of the petitioner by correcting the necessary entries in the revenue record;
directing the respondent nos.2 and 3 to withdraw the permission for cutting of trees granted to respondent nos.5 to 8 on the survey no.49/1;
(B) Pending admission, hearing and final disposal of this petition to direct the respondent nos.2 and 3 to stay the operation, implementation of the permission granted to respondent nos.5 to 8 for cutting trees on Survey No.49/1.
(C) Any other relief deemed just and proper may please be granted in the interest of justice."
3. The grievance of the petitioner, as voiced in the petition is that respondents Nos.2 and 3, namely, District Forest Officer, Ahwa and Range Forest Officer, have granted permission for felling of trees to respondents Nos.5 and 8 on the land bearing Survey No.49/1, being old Survey No.79, in village Jakhana, Taluka Ahwa, District Dang which, according to the petitioner, is owned by her by way of inheritance. The petitioner has made a representation to the Deputy Conservator of Forests on 2-1-2012, in this regard. However, no response has been received by the petitioner, so far.
4. Today, when the matter is taken up Mr.Bhushan B.Oza, learned advocate for the petitioner submits that the petitioner may be permitted to make a fresh representation to respondent No.10 Chief Conservator of Forests, who may be directed to consider and deice the same within a time-bound period. It is further submitted that in respect to the first prayer made by the petitioner regarding deletion of the revenue entry, the petitioner shall approach the appropriate authority.
5. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
In the event that the petitioner makes a representation to the Chief Conservator of Forests (respondent No.10), within a period of 15 days from today,the said respondent shall consider and decide the same, in accordance with law, within a period of 6 weeks after receipt of the representation.
6. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.Abhilasha Kumari,J) arg Top