Hotel Forest View v. Union Territory of J&K & Ors.
Case at a glance
- Bench
- PUNEET GUPTA, JAMMU
Outcome
Disposed of
Accordingly, the petition is disposed of with liberty to the petitioner to
Provisions considered
Key paragraphs
- Para 44. Under the circumstances, the learned counsel for the petitioner submits that he may be allowed to approach the competent forum to challenge the said order passed by the Divisional Forest Officer, Udhampur, Forest Division, Udhampur. He may do so. Accordingly, the petition is disposed…
Judgment
Through :- Mr. Arshad Majid Malik, Advocate. v/s Union Territory of J&K and others .....Respondent(s) Through :- Mr. Amit Gupta, AAG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 31.05.2023 N.KOTISWAR SINGH-CJ (ORAL)
The petitioner in the present writ petition has challenged order dated
08.04.2021 passed by respondent No.2, Divisional Forest Officer, Udhampur, Forest Division, Udhampur. By the impugned order dated
08.04.2021, notice was given to the petitioner for vacating 02 marlas 06 sarsai of alleged Forest Land in compartment 95/D, Nabhather Forest alleging that the petitioner is in illegal possession of the same. The case of the petitioner on the other hand is that he is the owner of the land and not an illegal occupant.
Be that as it may, the order passed by the Divisional Forest Officer, Udhampur, Forest Division, Udhampur is appealable before the Chief 2 WP (C) No. 958/2021 Conservator of Forest under Section 79-A sub-clause (3) of the Indian Forest Act, 1927.
Operative part
Under the circumstances, the learned counsel for the petitioner submits that he may be allowed to approach the competent forum to challenge the said order passed by the Divisional Forest Officer, Udhampur, Forest Division, Udhampur. He may do so. Accordingly, the petition is disposed of with liberty to the petitioner to approach the appellate-competent forum within two weeks. Till the appeal is decided, no coercive action shall be taken in terms of the impugned order dated 08.04.2021.
Disposed of in above terms. (PUNEET GUPTA) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 31.05.2023 Pawan Chopra Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No PAWAN CHOPRA 2023.06.08 12:35 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the petition is disposed of with liberty to the petitioner to
Which statutory provisions did this judgment involve?
Indian Forest Act, 1927.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.