Writ challenge against inaction of the Divisional Forest Officer regarding an illegally uprooted banyan tree. The court directed the officer to dispose of the petitioner's representation within one month and disposed of the petition.
Opposite Party No.2 (Divisional Forest Officer) directed to dispose of the petitioner's representation within one month.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11540 of 2023
Jyotismina Mantri
…. Petitioner
Mr. Pramoda Kumar Mishra, Adv.
-versus-
State of Odisha & Ors.
…. Opp. Parties Mr. D. Mund, A.G.A.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER
21.09.2023
1 . This matter is taken up through hybrid
arrangement.
2 . Heard learned counsel for the Petitioner and learned counsel for the State.
3 . The Petitioner has filed this writ petition challenging the inaction of the Opposite Party No.2 in not disposing of the representation dated 20.02.2023 regarding illegally felling of 100 years old big banyan tree which was standing on Petitioner’s land i.e., plot no.656, khata no.683 in mouza-Badamulei under Kantapara Tahasil.
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4. Learned counsel for the Petitioner submits that one 100 years old big banyan tree was standing on Petitioner’s land i.e., plot no.656, khata no.683 in mouzaBadamulei under Kantapara Tahasil. The worker and contractor working under the instruction of the Junior Engineer in the office B.D.O., Kantapara dug a tunnel surrounding the root of the said tree by using JCB machine in order to supply water and kept the said tunnel open for several days illegally. As such on 12.02.2023 the said tree was uprooted and fell on the village road for which so much inconvenience caused to the nearby population. Hence, the Petitioner wants the tree to be removed by the Forest Department. However, Petitioner has given a representation to the Divisional Forest Officer, City Forest Division, Greenpark, Nursery, Saheednagar, Bhubaneswar on 20.02.2023 for removal of the tree, the said Officer has not given a heed to his grievance.
5 . Considering the facts and circumstances, the Opposite Party No.2/The Divisional Forest Officer, City Forest Division, Greenpark, Nursery, Saheednagar, Bhubaneswar, District-Khurda is directed to dispose of
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the above representation filed by the present petitioner within a period of one month from the date of receipt of certified copy of this order along with the copy of this writ petition in accordance with law.
Sumitra
(Dr. S.K. Panigrahi)
Judge
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Sep-2023 20:06:57
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2 issues framed by the court
Whether inaction of the Divisional Forest Officer in disposing of the petitioner's representation regarding the removal of an uprooted banyan tree warrants judicial intervention?
Whether the Divisional Forest Officer is directed to dispose of the representation within one month?
1 provisions across 1 enactments
Jyotismina Mantri
State of Odisha
Divisional Forest Officer
S.K. PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
