STATE Vs. DINESH RANDHAWA

JUDGEMENT

(1.) The Special Appeal is purported to be filed under Rule 5 of Chapter VIII of the High Court Rules, Allahabad which has been followed by this Court after the formation of the State of Uttarakhand and the creation of the High Court of Uttarakhand.

(2.) The writ petition from which the appeal arises was filed against the order (judgment) passed by the Divisional Forest Officer / Prescribed Authority, Haldwani, Forest Division, Haldwani, District Nainital under Section 61A of the Indian Forest Act, 1927 (hereinafter referred to as 'Act'). The said Section is the amendment made by the Uttaranchal Legislature to the Act. It reads as follows:-

(3.) Against the order of the Divisional Forest Officer, the petitioner carried the matter in appeal before the 3rd respondent, who is the Appellate Authority /Conservator of Forest. The order passed by the 2nd respondent, i.e. Divisional Forest Officer, directing the eviction of the petitioner was affirmed by the third respondent. It is challenging these two orders that the writ petition was filed.