BALA NAND Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this writ petition, the petitioners have sought the following relief:

(2.) WE have heard the learned counsel for the parties and have gone through the record of the case and the departmental file was ordered to be produced vide order dated 5-4-2007 as to how the case of the petitioners was dealt with.

(3.) THE land owned by the petitioners comprised in Khasra Numbers 796, 370, 398, 412, 797, 795, 759, 805, 4, 94, 116, 124, 664, 741, 785, 737, 740, 104, 105, 84, 106, 114, 122 and 88 was recorded as either "VAN" or "BANI", (Forest) when they had applied for the demarcation and felling permission, the case of the petitioners was not processed by the respondent Divisional Forest Officer on account of these entries and Shri Deep Ram Special Power of attorney of the petitioners was also informed vide letter dated 13.6.2003, referred above, it was there after that the entries were got corrected/changed as Ghasni or Banjar Kadim, which could not have otherwise been done, and he applied again for deviation permission for demarcation of land and for marking of trees on 28.6.2005 to the competent authority through Divisional Manager, Forest Corporation (Respondent No.3), after a period of two years. The deviation permission was alleged to have been conveyed vide letter dated 30-3-2006 Annexure P/4 with a copy to the Conservator of Forest. The Conservator of Forest vide his letter Annexure-P6 dated 5.5.2006 informed the Forest Corporation with a direction to intimate Deep Ram (SPA) that his case was recommended for approval for the year 2006-2007 which did not fall under the Policy framed for the purpose since the beat aforesaid was open for felling during the year 2003-2004 and deviation was allowed up to 31-3-2006 and the delay in resubmitting the case is attributable to the petitioner, therefore the petitioners were not entitled for the relief claimed nor they have any right.