Uttarakhand High Court
WPMB/9099/1993 of DHARMANAND MAILANI Vs STATE and OTHERS on 31 October 2003
COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 1489 (M/B) of 2001 (Old No. 9099 of 1993) Dharmanand Mailani, S/o Shri Durga Dutta, R/o Dwara-Hat, District Almora ---- Petitioner Vs. State of U.P. and five others ---- Respondents Mr. Ramji Srivastava, Counsel for petitioner. Mr. K.P.
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL
Writ Petition No. 1489 (M/B) of 2001(Old No. 9099 of 1993)
Dharmanand Mailani,
S/o Shri Durga Dutta, R/o Dwara-Hat, District Almora
Vs.
State of U.P. and five others
Mr. Ramji Srivastava, Counsel for petitioner. Mr. K.P. Upadhayaya, learned Standing Counsel for the State.
---- Petitioner
---- Respondents
Coram: Hon. S.H.Kapadia, C.J. Hon. M.M. Ghildiyal, J.
Dated: 31.10.2003
PC:
On 4[th] January 1993 the District Magistrate, Almora cancelled the permission earlier granted to the petitioner under U.P. Soil & Water Conservation Act 1963 to extract herbs from his lands. No reasons were given for cancellation. The order was challenged. That order was stayed by the Allahabad High Court. That interim stay has continued till today. On 9[th]November 2000, State of Uttaranchal has come into existence. In the circumstances, the following order is passed:-
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ORDER
Petitioner is directed to apply to the District Magistrate, Almora for permission within two weeks from today. On receipt of this application, the District Magistrate, Almora will decide whether to grant the permission or not to grant the permission. He will decide the matter in accordance with law. Till he decides, the interim order passed by the Allahabad High Court on 17[th] March 1993 will continue to operate.
Accordingly the writ petition is disposed of.
( M.M. Ghildiyal, J.)
(S.H. Kapadia, C.J.)