The court held that the petitioner has an alternate remedy by approaching the Chief Principal Conservator of Forest, Nagpur, against the impugned order rather than directly to the State Government, and thus disposed of the petition keeping issues open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4119 OF 2011
Jagannath Tukaram Deshmukh .. Petitioner
Vs
Dy. Conservator of Forest & Ors .. Respondents
Mr. Nilesh Wable i/b Mr. Umesh R. Mankapure for the Petitioner Mr. V.D. Patil, GP for Respondent Nos. 1 to 3
CORAM : D. D. SINHA &
SMT. V.K. TAHILRAMANI, JJ
DATE : 5th MARCH, 2012.
P.C.:
1. Heard the learned counsel for the respective parties.
2. At the outset, learned GP has brought to our notice that the petitioner has alternate remedy of Appeal against the order dated 14th August 2007 passed by the Dy. Conservator of Forest, Solapur before the Chief Principal Conservator of Forest, Nagpur. However, the petitioner had approached the State Government against the said order instead of filing the Appeal before the Chief Principal Conservator of Forest. The State Government, therefore, vide order dated 8th February, 2011 informed the petitioner to approach the Principal Chief Conservator of Forest, Nagpur.
1 of 2
3. In view of the above referred facts, it is apparent that the petitioner does have a remedy to approach the Chief Principal Conservator of Forest, Nagpur against the order dated 14th August, 2007 passed by the Dy. Conservator of Forest. The State Government has also confirmed this position. It is, in these circumstances, we dispose of the petition by keeping the issues open with liberty to the petitioner to approach the Chief Principal Conservator of Forest (Protection) Maharasthra State, Nagpur) against the order dated 14th August, 2007 for necessary decision.
[ SMT. V.K. TAHILRAMANI, J ]
[ D. D. SINHA, J ]
Amberkar
2 of 2
1 issue framed by the court
Whether the petitioner is entitled to the relief sought given the existence of an alternate statutory remedy.
Jagannath Tukaram Deshmukh
Dy. Conservator of Forest
Others
D. D. Sinha
V. K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
