DINA SHEIKH Vs. STATE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India read with S.103 of the Constitution of Jammu and Kashmir praying for the issuance of a writ of y:mandamus directing the respondent No. 2 to permit the petitioner for transportation of the timber taken out from his own land.

(2.) The admitted facts are that the petitioner owns private land assessed to land revenue situated in Badyal Brahamana, Tehsil RS Pora bearing survey No. 45 situated in Nagani, Tehsil Bhaderwah and survey No. 69 situated in Chatra, Tehsil Bhaderwah, wherefrom he extracted timber out of standing 'Deodar' trees of the valume of 2100 cft. from his private land. A certificate to this effect was issued by Tehsildar Bhaderwah and also a letter to the DFO Bhaderwah, which are annexed as annexures I and II to the petition dated Nov. 3, 1980 and Sept. 7, 1981 respectively.

(3.) The petitioner extracted the abovesaid timber for the construction of his proposed house of an area was 1800 cft. as per plan estimate consisting of three stories. It is further submitted that DFO Bhaderwah-respondent No. 2 instead of issuing Form No. 25 for the entire requisite timber of 1800 cft. only presumptively purporting to act on letter No. FST/Misc. O155/71-1/301 dated 4-3-1975 from secretary to government, forest deptt. vide annexure III to the petition.