Petitioners sought direction to Forest Department for early disposal of ten pending transit permit applications. The Court disposed of the writ with an observation to consider such applications on merit within ten weeks.
Direction to consider and dispose of ten pending transit permit applications within ten weeks.
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W.P.(C) No.3295 of 2020
The petitioners by filing this writ application have prayed for a direction to the opposite party no.1 for taking further action as required under law pursuant to the application filed by the petitioners under in Form-III of Orissa Timber and Other Forest Produce Transit Rules, 1980 (hereinafter, called as ‘the rules’).
Learned counsel for the petitioners submits that ten applications under Form-III of the rules for issuance of transit permit for the purpose of felling the trees and removing the timber obtained therefrom having been filed by the petitioner on 07.09.2019; no such intimation has been given to them about any such development in the matter. He further submits that as has been learnt by the petitioners in the meantime, Forest Range Officer has submitted his report and now the next follow up step is for holding the joint verification. In view of the above, he urges for disposal of the writ application with a direction of the opposite party no.1 for early disposal of said applications dt.07.09.2019 filed by the petitioners for grant of the transit permits.
Learned counsel for the State submits that if the Authority has not yet taken a decision in the matter, it would be so taken within a time frame.
Considering the submission made and on going through the averments taken in the petition as also the documents annexed thereto, further keeping in view the limited nature of prayer as has not been advanced, without expressing any opinion on the merit of the claims; this writ
application stands disposed of with an observation that in case the ten applications stated to have been filed by the petitioners for grant of transit permit before the opposite party no. 1 (DFO, Keonjhar) are still pending, the same shall be considered on their own merit and disposed of early in accordance with law, preferably within a period of ten weeks from the date of production of the certified copy of this order or its communication, whichever is earlier.
Issue urgent certified copy as per the rules.
………………….. D.Dash, J.
Aks
1 issue framed by the court
Whether the respondent authority was directed to consider and dispose of pending transit permit applications within a specified timeframe.
1 provisions across 1 enactments
Petitioners
Opposite Party no.1 (DFO, Keonjhar)
State
D.Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
