SUSHILA PANDEY Vs. STATE OF M.P

JUDGEMENT

(1.) CALLING in question tenability of an order dated 3.2.2012 passed by the Writ court in W.P.No.351/2012, this appeal has been filed under Section 2 (i) of the M.P. Uchcha Nyalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005.

(2.) FACTS , in detail, go to show that some time in the year 2011 it was found that a tigress had died in the Bandhavgarh National Park in a particular range of the Park. A detailed enquiry was conducted into the matter and in the enquiry it was found that one Dr. K.K. Pandey, husband of the appellant no. 1 and son of the appellant no. 2 was responsible for illegally and in a unauthorized manner plying a Bolero vehicle inside the park area without proper authority, sanction and without approval of the competent authority to enter the park in the manner done. He had committed an act illegal in nature and as a result, the tigress died due to hitting of the vehicle. Based on the enquiry report it was ordered that two Maruti Gypsy Nos. MP20BA -1777 and MP54T -0304 owned by the present appellants namely the wife and mother of Dr. K.K. Pandey be prohibited from entering into the National Park and their registration with the Park authority be cancelled. The appellants challenged the same before the writ court and the learned Single Judge having been dismissed the writ petition, this appeal has been filed and Shri Pankaj Dubey, learned counsel for the appellants tried to indicate to us that the appellants had not committed any default.

(3.) SHRI Rahul Jain, learned Dy. Advocate General refuted the aforesaid and took us through the report of the Special Task Force of the CID constituted in the matter. The finding recorded by the learned Writ Court from para 7 onwards to say that there was overwhelming evidence available on record that Dr. K.K. Pandey, husband and son of the appellants had entered the park in a manner which cannot be approved by law. He entered into the National Park at the time when the entry in the Park was prohibited and his vehicle Bolero bearing No. MP54T -0304 entered the Park in an unauthorized manner dashed on the tigress resulting in death of a national asset i.e. a tigress. It was argued by Shri Rahul Jain that in the enquiry by the department it was revealed that the Gypsies in question are registered in the name of the present appellants but the said registration in their is nothing but it is a benami registration. In fact, it was Dr. K.K. Pandey, who was using the Gypsies for activities within the Park area and finding the conduct and activities of Dr. K.K. Pandey detrimental to national interest and also the public interest and therefore, the impugned action is taken.