VERMA TRADERS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN CWDs 304 and 300 of 1982, common questions of law and fact are involved. As such, both these CWDs can conveniently be disposed of by a common judgment. It may be pointed out that these writ petitions are being disposed of peremptorily as the same are likely to be rendered in fructuous in case the timber is not sold, and, if necessary, transported to other places within the State or outside the State by 30th Nov., 1982.

(2.) THE undisputed facts are that the petitioners applied for the marking and felling of trees standing on the areas owned by the petitioners owners, and granting permission, for export of timber in favour of petitioners 1 and 2. The Government has produced the relevant record in the court. There are notes on the file and the relevant portions of the same, as in CWP No. 304/82, are reproduced as under:

(3.) IT is contended by the learned Counsel for the petitioners that after the area was got demarcated through the Revenue Department, the trees had been marked and felled as also converted into timber, the imposition of such a condition is illegal and not warranted under the law. A memo sent to the petitioners containing this condition is Annexure 'PB' and is reproduced as under for a ready reference: