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Orissa High CourtWP(C)/18838/2022disposed off

Jugala Kishore Patnaik v. Dfo, Jeypore Forest Division

2022-09-06Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 18838 OF 2022 Jugala Kishore Pattnaik ....

Petitioner Mr. Bansidhar Baug, Advocate -versusD.F.O., Jeypore Forest Division and others ....

Opp. Parties Mr. Suvashish Pattnaik, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.09.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks for a direction for early disposal of T.T. Appeal filed under Rule 7(3) of the Odisha Timber and Other Forest Produce Transit Rules, 1980 stated to be pending before the Regional Chief Conservator of Forests, Koraput-Opposite Party No.3.

3.

It is submitted by Mr. Baug, learned counsel for the Petitioner that although the appeal has been filed since 9th November, 2021 and it has been received by the Assistant Conservator of Forests in the office of Regional Chief Conservator of Forests, Koraput, no action has yet been taken for consideration of the said appeal. In view of pendency of the appeal, the Petitioner is seriously prejudiced. 4.

Considering the submission made by learned counsel for the Petitioner, this Court vide order dated 17th August, 2022 directed learned State Counsel to take instruction in the matter, but no instruction has yet been received by learned State Counsel.

// 2 // 5.

Mr. Pattnaik, learned Additional Government Advocate, however, submits that if the appeal is still pending before the Regional Chief Conservator of Forests, Koraput-Opposite Party No.3, a direction may be made to dispose of the same at an early date, if there is no legal impediment.

6.

Taking into consideration the submission made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner disposes of this writ petition with a direction to the Regional Chief Conservator of Forests, Koraput-Opposite Party No.3 to dispose of the T.T. Appeal filed by the Petitioner in accordance with law as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order, giving opportunity of hearing to the parties concerned, if the same is still pending and there is no legal impediment.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms