Common order disposing of two writ petitions involving alleged forest law violations. Court grants one week to submit representations to authorities and grants temporary stay on operations and removal of evidence pending decision.
One week to submit representation; no operation or removal pending decision.
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HON’BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION Nos.972 & 1030 of 2018
COMMON ORDER:
Heard learned counsel for the respective petitioners and also learned Government Pleader for Forests representing the respondents and perused the prayer in the respective writ petitions with the supporting affidavits and other material on record.
A perusal of the show cause notice and the response given by the petitioners to the District Forest Officer (DFO) shows there is violation, however it is the submission of the learned counsel for the petitioners that they made representations for consideration by the State Level Committee from otherwise eligibility.
Having regard to the above, there is nothing to keep the writ petitions pending, but for enabling the petitioners within one week from the date of receipt of this order to supply a copy of said representation or fresh representation as the case may be to the State Level Committee headed by Principal Chief Conservator of Forests or concerned DFO for in turn forwarding if it otherwise satisfying with the criteria to the State Level Committee to take a decision. In the meantime, the petitioners shall not operate for the additional violations and the respondents shall not remove for those alleged violations till a decision is taken and communicated to the petitioners. Further remedies are left open.
Accordingly and in the result, both the Writ Petitions are disposed of.
2
Dr. SSRB,J
Consequently, miscellaneous petitions, if any shall stand
closed. No costs.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 16.02.2018 ska
2 issues framed by the court
Whether the writ petitions should be allowed time to submit representations to the State Level Committee before being disposed of.
What stay or interim relief is granted pending the decision on the representations regarding forest law violations.
Petitioners
Respondents
Dr.B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
