Wazir Ali Vs State of Uttarakhand

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WPMS No. 1970 of 2020 Hon’ble Manoj K. Tiwari, J.

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Mr. Gaurav Singh, Advocate for the petitioner.

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Mr. G.S. Negi, Additional C.S.C. for the State of Uttarakhand.

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Heard learned counsel for the parties through video conferencing.

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Petitioner is a Van Gujjar . Van Gujjars are nomadic buffalo herders, who live in forests. By means of this writ petition, petitioner has sought following relief:-

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(i) a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 to 3 to restrain the respondent no. 4 to 7 for their illegal act of Leaf Lopping and chopping wood in the forest area without any authority

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(ii) a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 4 to 7 not to do any act of Leaf Loping in the disputed area.

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Petitioner has raised a dispute with private respondents in this writ petition, which cannot be granted, as public law remedy cannot be invoked for settling disputes between private individuals.

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Learned counsel for the petitioner then submits that petitioner has approached Forest Range Officer, Shyampur Range, Haridwar by making representation on 21.09.2020. He confines his prayer and submits that the Forest Range Officer be directed to take decision on petitioner’s representation.

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Accordingly, the writ petition is disposed of with a direction to Forest Range

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Officer, Shyampur Range, Haridwar to consider petitioner’s representation dated 21.09.2020 and pass appropriate order, in accordance with law, within a period of eight weeks from the date of production of certified copy of this order.

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However, it is made clear that any decision shall be taken only after hearing the persons likely to be affected.

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Aswal

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(Manoj K. Tiwari, J.) 10.12.2020

Wazir Ali v. State of Uttarakhand

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Wazir Ali v. State of Uttarakhand

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