JOGINATH SAHOO Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) HEARD . This writ application has been filed by the petitioner to seek a direction against the opposite party No.1 i.e., The Divisional Forest Officer, Dhenkanal to grant timber transit permit on the basis of the Annexure -3 filed by the applicant said to be in the year 1998. Learned Counsel for the petitioner states that as per the Order Annexure -4, communicated to the Tahasildar, Kamakshyanagar, vide Memo No.961 dated 9.2.1999 the opposite party No.1 (The Divisional Forest Officer, Dhenkanal) directed for a joint verification and thereafter, the matter is not being processed any further by the said opposite party.

(2.) ANNEXURE -3 is said to be a Xerox copy of the application in Form -III vide Rule 7 (a). On perusal of Annexure -3, we find that clause (e) of the Form has not been filled by providing necessary particulars inasmuch as according to that column a list in triplicate specifying the number species, size of timber and/or quantity of fire wood or bamboo/and/or quantity of other forest produce proposed to be removed was to be mentioned. As against that column, applicant has endorsed that such particulars would be furnished after the joint verification. When the requirement of law is that such particulars is to be furnished in the application, therefore, it is not understood how the Divisional Forest Officer, Dhenkanal passed order and communicated instruction under Annexure -4 for a joint verification. That application being incomplete, either the applicant should have been called upon to furnish the required particulars or that application should have been rejected in limine.

(3.) WE find the matter to be serious and desire that the matter be brought to the notice of the State Government and we hope and trust that at the level of Secretary to the Government in Forest and Revenue Department appropriate remedial measures would be taken to not to allow such incomplete applications besides making periodical verification of such cases of Timber Transit Permit and to punish erring officers, if any.