AVATAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Brief facts of the present case, inter alia, are that petitioner no. 1 is resident of Village Dalyawala Banas Talla, P.O. Kimsar, Tehsil Yamkeshwar, District Pauri Garhwal. Petitioner is an agriculturist and had grown Khair trees in his field. Petitioner sought permission from the Forest Department to cut down 30 trees of Khair, situated in plots no. 3671, 3672, 3673, 3674, 3675, 3676 and 3677. The Divisional, Lansdowne, after due verification and spot inspection gave permission to the petitioner to cut down 30 trees of Khair vide order dtd. 25/5/2018. Thereafter, the forest officials along with Village Pradhan and Revenue Inspector made a spot inspection and prepared a report about the number of trees and radius of tree and description of the wood produced out of those trees. Petitioner no. 1 sold the trees to petitioner no. 2. Petitioner no. 2 in pursuance of the purchase of tree cut down the trees. Forest officials made a report and recommended for transit pass. Petitioners were transporting the aforesaid forest produce from village Banas to Kotdwara market on the basis of transit pass where forest officials detained the truck and seized the goods and forest officials lodged an FIR. Feeling aggrieved, petitioner has approached this Court.

(2.) Heard Mr. S.K. Posti, Advocate for the petitioner and Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand and perused the record.

(3.) Mr. S.K. Posti, Advocate for the petitioner submits that respondent authorities have seized the forest produce / wood of the petitioners, which is a private property. Since wood is perishable items, therefore, he has moved an application to the Divisional Forest Officer for release of the aforesaid goods but respondents are not taking any action on the application.