SAT BHAMA THAKUR Vs. STATE OF J&K

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the Judgment and order dated 16.12.2010 passed by the Writ Court in OWP no. 151/2008 whereby the writ petition initiated by the appellant as writ petitioner was rejected taking into account that the petitioner's case for transportation of forest materials cannot be entertained in view of the fact that the entire matter has already been considered and decided by the competent authority.

(2.) The factual matrix necessary for the proper resolution of this appeal is that the appellant is the wife of one Prof. Jagir Singh, who is working as a Professor in the Department of Sanskrit, University of Jammu. Appellant originally belongs to village Atholi Padder in the District of Kishtwar. It is claimed by the appellant that she owns an ancestral house at Atholi Padder and she has also purchased a plot of land in Jammu with a view to construct her house on the said plot of land. She has intended to transport finished wood like Doors and Window frames taken out from her dismantled house from Atholi Paddar, Kishtwar to Jammu. Accordingly, she has sought permission from the competent authority/authorities for transportation of those finished wood, i.e., Doors and Window frames.

(3.) However, in view of the fact that since there is restriction imposed on the transportation of the timbers vide Order No. 1622-43/HAD/CCF dated 2.12.1999 issued by the Chief Conservator of Forests, Jammu, the Forest authorities have not allowed the appellant to move the finished woods from Kishtwar to Jammu.