BEG RAJ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Petitioners house at village Latti, Tehsil Ram nagar, District Udhampur, was demolished during widening of the road by the Public Works Department, for which the compensation was also received. The petitioner was, however, allowed to remove the old/used-timber for which he obtained permission/sanction from the Forest Department.

(2.) The case of the petitioner is that he could not lift the timber during the period of sanction/permission and when he again applied to the respondents for extension/ fresh permission, the same was refused, which necessitated him to approach the Court to seek a direction by issuance of writ of mandamus directing the respondents to grant extension/permission for transportation of old/used timber of his demolished house explicitly described in the prayer part of the writ petition.

(3.) The stand of the respondents in the reply is that the petitioner was permitted for transportation of timber in the year 1998. This permission was valid up to 31-3-1998. The timber was not lifted by the petitioner within the period provided in the sanction and again applied for extension after a period of one year and eight months from the expiry of earlier permission. The application of the petitioner was referred to the concerned Divisional Forest Officer to examine the case and ascertain the genuineness of the stocks sought to be lifted by the petitioner.