LAWS(J&K)-2010-7-10

STATE Vs. SAT BHAMA THAKUR

Decided On July 30, 2010
State and Ors. Appellant
V/S
Sat Bhama Thakur Respondents

JUDGEMENT

(1.) Claiming to be the owner of the finished wooden material (doors and window frames) made out of the timber of her father's dismantled house, Smt. Sat Bhama Thakur, the respondent, approached the Chief Conservator of Forests, Jammu and Kashmir, Jammu seeking permission to transport the finished wooden material from village Atholi Padder, District Kishtwar, to Paloura Top, Jammu.

(2.) Apprehending that her application may not be granted in view of Chief Conservator of Forests, Jammu'sCircularNo.1622-43/HAD/CCF dated 02.12.1999, in terms whereof all Divisional Forest Officers had been directed not to permit movement of dismantled timber, she filed Writ Petition OWP No.151/2008, seeking, quashing of the Chief Conservator of Forests's circular besides a direction to the State-respondents to permit her the transportation of the finished wooden material.

(3.) Contesting the respondent's claim of ownership to the finished wooden material, it was stated by the appellants, in their response to the Writ Petition, that failure of the respondent to prove her ownership over the timber in question disentitles her to the grant of permission for transportation of the finished wooden material.