Disposed

Indramani Kanhar v. the Regional Chief Conservator of Forest, Berhampur

Orissa HC19 Jul 2021WP(C)/19170/2021

Case brief

AI extract

What is this about?

This High Court directory order disposed of a writ petition by mandating the Respondent, the Regional Chief Conservator of Forest, to register a pending Timber Transit Permit appeal filed by the petitioner and disposes of the same within four months, citing COVID restrictions.

What did the court decide?

Registrar the pending Timber Transit Permit appeal and dispose of it within four months from the date of production of the authenticated copy.

Indramani Kanhar Vs the Regional Chief Conservator of… — Service and Employment | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.19170 OF 2021

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Indramani Kanhar …. Petitioner

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Mr. Rashmi Kanta Acharya, Advocate -versus-

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…. The Regional Chief Conservator of Opp. Parties Forest, Berhampur and another

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Mr. Arun Kumar Mishra, Additional Government Advocate For Opposite Party Nos.1 and 2

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

19.07.2021

This matter is taken up through video conferencing mode.

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The grievance of the Petitioner in this writ petition is to Register Timber Transit Permit appeal filed by the Petitioner on 25^th July, 2018 (Annexure-7) under the provisions of Orissa Timber and other Forest Produce Transit Rules, 1980 (for short ‘the T.T. Rules) .

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Mr. Acharya, learned counsel for the Petitioner submits that the Petitioner had filed an application on 22^nd April, 2017 (Annexure-2) for grant of Timber Transit Permit (T.T. Permit) from his recorded land. On consideration of the application, the Divisional Forest Officer, Boudh Forest Division, Boudh vide his Memo No.1201 dated 27^th February, 2018 directed the Assistant Conservator of Forest, Boudh to issue necessary T.T. Permit in favour of the applicant on receipt of proper requisition in From No.II after verification of documents and observing the procedure of law. Since no action was taken on the said

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application, the Petitioner moved this Court in W.P.(C) No.21231 of 2011. But in the meantime, application for T.T. Permit was rejected by the Divisional Forest Officer, Boudh Forest Division, Boudh vide order dated 29^th July, 2018 (Annexure-3) for which the Petitioner prayed for withdrawal of W.P.(C) No.21231 of 2011, which was accordingly dismissed as withdrawn vide order dated 25^th April, 2018. Assailing the order of rejection of grant of T.T. Permit, the Petitioner filed an appeal before the Regional Chief Conservator of Forest, BerhampurOpposite Party No.1 on 25^th July, 2018 (Annexure-7). He further submits that the said application is still pending and no action has yet been taken by the Regional Chief Conservator of Forest, Berhampur for disposal of the same for which the Petitioner is highly prejudiced.

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Mr. Mishra, learned Additional Government Advocate for the State submits that he has no instruction in the matter. However, if the appeal of the Petitioner is still pending before the Regional Chief Conservator of Forest, Berhampur, the same may be directed to be registered and disposed of in accordance with law.

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Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the writ petition with a direction that the Regional Chief Conservator of Forest, Berhampur-Opposite Party No.1 shall do well to register the appeal filed by the Petitioner under the provisions of the T.T. Permit Rules and make an endeavour to dispose of the appeal in accordance with law as expeditiously as

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possible preferably within a period of four months from the date of production of an authenticated copy of this order.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March,2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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(K.R.Mohapatra) Judge

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Indramani Kanhar v. the Regional Chief Conservator of Forest, Berhampur

Case brief

What is this about?

What did the court decide?

Indramani Kanhar v. the Regional Chief Conservator of Forest, Berhampur

Case brief

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What did the court decide?

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