Court No. - 38
Case :- WRIT - C No. - 18103 of 2018 Petitioner :- Pratap And 20 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Heard Sri Manoj Kumar Gautam, learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.
The petitioners claim themselves to be Jungle dwellers and Tribesmen. They had earlier filed a Public Interest Ligation(Petition ) No. 2958 of 2018 on the ground that the Forest Authorities are evicting the petitioners from the Jungal which is their traditional abode. The writ petition was dismissed as withdrawn with a liberty to the petitioners to file proper application under the Scheduled Tribe and other Traditional Forest Dwellers(Recognition of Forest Rights) Act 2006( 2 of 2007).
The petitioners claim to have filed a suit under the said Act but before which authority/Court the same has been filed, has not been made clear. Whether the said suit has been filed in proper format? The petitioners claim that such application/ suit was sent through registered A.D. dated 17.4.2018. Whether the same has been received or further action has been taken upon it, has not been indicated. If the petitioners have already filed application, the petitioners should approach the authority concerned for appropriate order. Once the writ petition having been dismissed, no interim injunction can be granted by this Court.
The writ petition is misconceived, and it is accordingly dismissed.
Order Date :- 29.5.2018 N.A.
(Abhai Kumar,J.) (Abhinava Upadhya,J.)