MOHAMMAD SALEEM Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The Appellant, filed a writ petition before learned Single Judge of this Court, contending that in the year 1982 a sawmill licence was issued in his favour, which was renewed upto 1997, and subsequently it was cancelled on 17.12.1998 on the basis of F.I.R. dated 30.07.1998. It was alleged that husband of respondent No. 4, in collusion with the Forest Authorities, succeeded in getting the sawmill licence belonging to the appellant issued in his name, through manipulation. Thus, it was his contention in the writ petition that no licence has been issued in favour of respondent No. 4 or her husband Sri Saleem S/o Abdul Sattar and respondent No. 4 is running sawmill on the strength of the licence, which belongs to the appellant.

(2.) The reliefs, sought by the appellant in his writ petition, are as follows:-

(3.) From the pleadings made and the relief sought in the writ petition, it is apparent that a factual dispute was raised by the appellant in his writ petition, namely, whether the licence possessed by respondent No. 4 was actually issued in favour of respondent No. 4 or her husband, or not. We are afraid that such dispute cannot be adjudicated in writ proceedings under Article 226 of the Constitution of India.