STATE OF J&K Vs. BRIJ RAJ GUPTA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment of learned single Judge of this court dated September 26, 1989 whereby the petition of respondent has been allowed and direction issued to appellant No. 2 herein to issue form No. 25 in his favour for, transpiration of 47 scants of deodar timber from Bhaderwah to Jammu On the condition that this respondent would furnish an undertaking about the timber to be utilised for his personal consumption at Jammu.

(2.) RESPONDENT herein was owner of immovable property in village Dhamunda, Tehsil Bhaderwah, and he applied to District Development Commissioner Doda for grant of permission for extraction of timber from his land situate in his village which he required for construction of house in plot at shastri Nagar Jammu allotted to him under Govt. order No 339 -HQ 1973, as a low -paid employee. Said Development Commissioner, after obtaining report from D.F.O. Bhaderwah regarding existence of deodar trees in his land and after scrutinising all the relevant documents, granted sanction for felling deodar trees from his proprietory land vide order No 173 -35/SQ dated 15.12.1983. Respondent extracted 139 scants and applied to D F.O. Bhaderwah. appellant No.2 for issuance of form No. 25 but he allowed transportation of one truck load of timber only on March 15, 1984 -. Regarding transportation of remaining timber appellant No. 2 asked the respondent to get utilisation certificate from D.F O RCTC Division Jammu. According to the respondent after utilising truck load timber brought by him he applied to D.F O. RCTC Division Jammu for the issuance of requisite certificate who, after undergoing required formalities issued such certificate on may 26,1987 and requested appellant No. 2 of allow for transportation of 47 scants of timber. Respondents further case was that he approached appellant No. 2 for issuance of form 25 who forwarded his application to Range Officer Neeru range Bhaderwah, who recommended his case after visiting spot but this appellant No 2 slept over the matter and delayed grant of permission. He in his petition prayed for issuing direction to appellant No. 2 to issue form No. 25 for transportation of 47 of deodar from Bhaderwah of Jammu.

(3.) APPELLANT No. 2 herein filed reply affidavit on be -half of the appellants herein admitting the factual position as stated by the respondent in his petition but. according to him, respondent having applied for remaining scants after expiry of six months of the date on which trees were marked was not entitled to grant of permission for transportation of remaining timber in terms of rule 16 of rules regarding free grant of trees to zemindars from undemarcoted forest and private lands in J&K State.