WP(C) No. 722 of 2021 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
- Bench
- PUNEET GUPTA, TASHI RABSTAN
Provisions considered
Judgment
Through :- Mr. Adarsh Sharma, Advocate in WP(C) Nos. 722/2021 and 723/2021 Mr. A.M. Malik, Advocate in WP(C) No. V/s Union Territory of J&K and others ….Respondent(s) Through :- Mr. Dewakar Sharma, Dy. AG Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE WP(C) Nos. 722/2021& 723/2021 ORDER 01.05.2023 Perusal of the impugned orders dated 08.03.2021 in these writ petitions reveals that authority concerned has not entertained the appeal filed by the respective petitioners herein in compliance to direction passed by the Division Bench of this Court in PIL No. 25/2017 titled “SAVE vs. State & ors”. After going through the record of the writ petitions we felt that the impugned orders passed by the respondent No. 2 are not applicable to the case in hand, therefore, the same are set aside. The petitioners shall approach the competent authority afresh to avail the remedy under rules, which shall consider and decide the case of the petitioners in accordance with the rules and law admissible to the field within a period of four weeks from today. Till the 2 WP(C) No. 722/2021 c/w WP(C) No. 723/2021 WP(C) No. 958/2021 petitioner approach the concerned authority, i.e., four weeks from today, the respondents shall not dispossess the petitioners as also shall not demolish the construction of the petitioners existing on the land in question. Disposed of as above. WP(C) No. 958/2021 Since, in this petition the petitioner has challenged the order passed by the Divisional Forest Officer, Udhampur Forest Division, Udhampur under Section 79-A of the Indian Forest Act, 1927, wherein it is not mentioned that the same has been passed in compliance to the PIL No. 25/2017, therefore, this matter needs to be listed again and on the next date of hearing learned counsel for the petitioner shall apprise the Court with regard to similarity of this writ petition to that of above two writ petitions. List this petition on 31.05.2023. (Puneet Gupta) Judge (Tashi Rabstan) Judge Jammu: 01.05.2023 Pawan Angotra
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