MANSHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Smt. Shards Devi-Respondent No. 5, on the basis of a sale-deed executed by the earlier owner of the Saw Mill dated 19th April, 1999, made an application for grant of Saw Mill licence in her name. This application was granted by the Chief Conservator of Forest, U.P. Lucknow vide letter dated 15.1.2000 and by the Conservator of Forest, Azamgarh vide order dated 26.1.2000 and w.e.f. 1st December, 2001 the transfer was made effective.

(2.) After nearly 9 years of such transfer, the Petitioner is stated to have filed an appeal under Rule 10 of the U.P. Establishment and Regulation of Saw Mill Rules, 1978. In the appeal it-was contended that the sale-deed alleged to have been executed by the husband of the Petitioner was a forged document and therefore the licence granted in favour of Smt. Sharda Devi be cancelled. The appeal has been dismissed under the impugned order by the Conservator of Forest vide order dated 4th June, 2010 and it has been recorded that there is a serious dispute with regard to the correctness or otherwise of the sale-deed executed, for which opinion of hand-writing expert was obtained and it has been found that the sale-deed did contain the signature of the earlier licencee.

(3.) I have heard learned Counsel for the Petitioner and have gone through the records of the writ petition.