The Hon'ble Court accepted the argument that the writ petitions would not survive given the availability of the alternative statutory remedy under Section 44 (2-E) of the A.P. Forest Act, 1967.
Writ petitions closed; liberty given to assail confiscation orders before the District Court; pending miscellaneous petitions closed; no costs.
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HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION Nos.9059 & 19607 of 2013
Date: 10.09.2013
WP No.9059 of 2013: Between: K. John Karunakar & others … Petitioners And The Divisional Forest Officer, Kadapa & others …Respondents
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION Nos.9059 & 19607 of 2013
COMMON ORDER:
Sri Challa Dhanamjaya, learned counsel for the petitioners in these two cases, states that in the light of the confiscation orders dated 29.08.2013 passed by the competent authority under Section 44 (2-A) of the A.P. Forest Act, 1967, these writ petitions would not survive for consideration. He further states that liberty may be given to his clients to assail the said orders before the District Court in terms of the remedy provided under Section 44 (2-E) of the A.P. Forest Act, 1967.
2 . In that view of the matter, these writ petitions are closed leaving it open to the parties aggrieved by the confiscation orders to avail the alternative statutory remedy. Pending miscellaneous petitions in these two cases shall stand closed in the light of this final order. No costs.
SANJAY KUMAR, J
Date: 10.09.2013 BSS
1 issue framed by the court
Whether the writ petitions survive in the light of alternative statutory remedy under Section 44 (2-E) of the A.P. Forest Act, 1967.
2 provisions across 1 enactments
K. John Karunakar & others
The Divisional Forest Officer, Kadapa & others
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
