Ashwani Kumar vs Union Territory Of J&K And Others

Javed Iqbal Wani

In this writ Petition, the petitioners, inter alia, seek a writ of mandamus for commanding the respondents, more particularly respondent No.3, to extend time stipulated in the permission granted for felling of Khair trees in the proprietary land situated at villages Balli, Majjam, Ghour, Bajourian, Gourda, Dulalai, Dar Drochan, Marh, Thandi Pani, Dhami Behra, Sail Jagir, Chani Mansar, Baryalta (Battal) and Jaansal, District Jammu, in terms of order No. DFO-J/Khair/29-40 dated 29-02-2020, issued by respondent No.5 and of District Reasi, also issued by respondent No.5 strictly in accordance with the rules

The petitioners state to have submitted a representation before the respondents prior to filing of this writ petition, requesting therein for extension of time in the aforesaid permission, which, according to them has though been granted, yet, because of the outbreak of Covid-19 pandemic and lockdowns, time so stipulated there in the permission, outlived its life. The petitioners further state in the petition that despite having received the representation, the respondents, more particularly, respondent No.5 failed to address/consider the same and render any decision thereof. The petitioners pray for disposal of the writ petition at its threshold and seek an innocuous relief, viz. a direction upon respondent No.5 for taking a decision qua the aforesaid representation within a stipulated period of time. Learned counsel for the petitioners has, in this regard, referred to the orders passed by the coordinate benches of this Court in OWP 1699/2018 dated 07-09-2018 and in OWP 1917/2018 dated 19-12-2018, wherein almost similar questions of fact and law have been agitated.

Heard and considered.

In view of the submissions made hereinabove and in view of the facts and circumstances of this case, this writ petition is disposed of with a direction to the respondents in general and to the respondent NOs. 3&5 in particular to take a decision upon the representation stated to have been submitted by the petitioners for extension of time stipulated in the permission for felling of khair trees in the villages aforementioned. Needful to be done by the respondents within a period of two weeks from the date of receipt of copy of this order.

Before parting with, it is made clear that this order shall not be construed to be an expression of opinion about the merits or issues involved in this case.

Disposed of along with connected CMs.