Uttarakhand High Court
WPCRL/1094/2012 of RAJ PAL AND ANR Vs STATE OF UTTARAKHAND AND ORS on 31 December 2012
Hon’ble Servesh Kumar Gupta, J. Mr. Manish Arora, Advocate, for the petitioners. Mr. P.S. Danu, Brief Holder, for the State/respondent nos.1, 2 and 4. Mr. P.K. Chauhan, Advocate, for respondent no.3. Having heard learned counsel for the parties and on going through the counter affidavits
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WPCRL No.1094-12Hon’ble Servesh Kumar Gupta, J.
Mr. Manish Arora, Advocate, for the petitioners.
Mr. P.S. Danu, Brief Holder, for the State/respondent nos.1, 2 and 4.
Mr. P.K. Chauhan, Advocate, for respondent no.3.
Having heard learned counsel for the parties and on going through the counter affidavits filed by the respondents, it appears that as many as thirteen fully grown-up trees of Sheesham were cut at the instigation of petitioner no.1 who is the village Pradhan. An enquiry was set up which was conducted by an independent revenue inspector, Khanpur, who ratified the allegations. Besides, many of those trees were grabbed by petitioner no.1, whereas petitioner no.2 Subhash is the contractor.
These trees were cut without obtaining any sanction from the general body of Gram Sabha.
Having considered the entire facts and circumstances of the case, the Court is not inclined to grant any relief to the petitioners. The petition is bereft of any merit and liable to be dismissed.
Petition is dismissed accordingly. However, it is observed that in case the petitioners are arrested or surrender before the court concerned, their bail application may be decided expeditiously without any unreasonable delay.
31.12.2012
Rdang
(Servesh Kumar Gupta, J.)