PUNIA BISWAL Vs. DIVN FOREST OFFICER RAIRAKHOL

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution of India.

(2.) Petitioner purchased some standing trees from other private persons who claim those trees to be standing on their private land. On the basis of such purchase, petitioner filed an application on 16-4-1980 before the Tahasildar (O.P.No.4) for a joint verification and on 20-4-1980 the fact of purchase was communicated to the Divisional Forest Officer (O.P. No. 1) On 28-4-1980, petitioner requested the Divisional Forest Officer(O.P. No. 2) to take necessary steps for joint veification for which application in Form No. III was filed. On 5-6-1980. Divisional Forest Officer directed Range Officer to take up joint verification. Four months after, on 29-10-1980, petitioner requested the Divisional Forest Officer to depute an Amin of the Forest Department and forest officials for joint verification. On 1-11-1980. Verification was made and Range Officer submitted the report with the map on 6-1-1981. Thereafter on 12-1-1981, Range Officer was directed to take up joint verification which was made on 22-4-1981. A list of trees standing on the periphery of the land on which the trees purchased was prepared on 24-8-1981. After completion of these formalities, royalty paid by petitioner was accepted on 13-5-1981 and on 20-5-1981, Divisional Forest Officer called upon petitioner on 9-61981 to register his property mark and take steps for conversion. He directed Range Officer on 27-6-1981 to issue timber transit permit. A list was prepared in respect of 121 trees. It is claimed that after issue of such permit for some trees, no further timber transit permit was issued. Against the same on 25-1-1982, petitioner made a representation to the Chief Consrvator of Forest and the State of Orissa. When the representations were pending consideration, petitioner received a notice from the Divisional Forest Officer in Annexure 7 to pay Rs. 1,45,124.32 paise as penalty for felling and converting trees in Government land illicitly from Government land for which the plots have been manipulated over Government land. On receipt of such a notice, this writ application was filed on 8-6-1983 for quashing Annexure 7 and for directing the Divisional Forest Officer to issue timber transit permit giving all facilities to the petitioner for removal of the forest produce on the scheduled land. On hearing, realisation of the amount mentioned in Annexure 7 has been stayed by this Court pending disposal of the writ application.

(3.) Two years after the filing of the writ application, Tahasildar has filed a counter-affidavit and the Divisional Forest Officer has filed another counter-affidavit. In the affidavit of the Tahasildar, it is asserted that the village map was manipulated by the subordinate staff at the level of Revenue Inspector, Charmal for illegal purpose and petitioner wanted to take trees standing on Government land with the help of subordinate staff.