Jammu & Kashmir High Court
Des Raj And Ors vs U.T. Of J&K And Ors on 7 February, 2025
Sr. No. 111
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP(C) No. 264/2025
CM No. 513/2025
Des Raj and Ors. ..... Petitioner(s)
Through :- Mr. Sunil Sethi, Sr. Advocate with
Mr. Paras Gupta, Advocate
Vs
U.T. of J&K and Ors. .....Respondent(s)
Through :-
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
07.02.2025
01. It has been argued by the learned Senior counsel for the petitioners that vide order/judgment dated 16.08.2023, this Court has disposed of the writ petition, i.e., WP(C) No. 1060/2023 preferred by the petitioners by directing the respondents to take a decision in allowing the proprietary Khair trees with respect to the proprietary land, which has been extracted from the said land of the petitioners in accordance with the Management Plan after re-ascertaining the legality of extraction/source/ownership of khairwood in respect of each petitioner by newly posted staff of the Forest and the Revenue Department and it was also made clear that since time was the essence in the instant case, which relates to the transportation of the khair trees, no further extension shall be granted on any count whatsoever. With the aforesaid observation, the aforesaid writ petition was disposed of.
2|Page WP(C) No. 264/2025
02. Pursuant thereto, a communication came to be issued on 11.10.2023 by respondent no. 2 i.e. Principal Chief Conservator of Forests addressed to the Conservator of Forests, East Circle, Jammu read with another communication dated 02.12.2023, a perusal whereof reveals that the khair trees which have been fallen in proprietary land of the petitioner i.e. Shamilat Deh land in Village Thandi Choi, Tehsil Khrah Bali, Jammu which have been fallen from the respective proprietary share of Shamilat Deh have been numbered and identified. The said trees were not being allowed to be removed on the strength of the aforesaid communications, which were subject matter of another writ petition preferred by the petitioners and registered as WP(C) No. 3148/2023.
03. The Court after hearing the learned Senior counsel for the petitioners feeling prima facie satisfied, was pleased to restrain both the parties i.e. petitioners as well as respondents till next date of hearing with respect of each identified khasra number in the context of Shamilat Deh where the fallen khair trees were lying besides directing respondent no. 2 i.e. Principal Chief Conservator of Forests to prepare an inventory through a designated Subordinate officer along with the petitioners related to the particular Shamilat khasra number.
04. It was also made clear that the inventory to be so prepared was to be on the basis of an inspection, the date of which was to be notified by the designated officer of respondent no. 2, which was to be duly signed by the petitioners as well as the said designated officer on behalf of respondent no. 2. It has been brought to the notice of this Court by the learned Senior counsel for the petitioners that in furtherance of the aforesaid direction dated 18.12.2023, 3|Page WP(C) No. 264/2025 the inventory has been made but the respondents without waiting for the outcome of the same with a view to defeat the rights of the petitioners have issued yet another order dated 20.01.2025 vide Government order No. 11-JK (FST) of 2025, which is impugned in the present petition whereby the respondents in most contemptuous manner have ordered in the following manner:-
i. The Enquiry Report submitted by the Inquiry Committee constituted vide Government Order No. 161-JK(FST) of 2023 dated 08.08.2023 is hereby accepted;
ii. The PCCF/HoFF, J&K shall review the Khair Managemenet Plan and the Felling Programme of Khair after taking into the account the shortcomings noticed during the course of its implementation, also taking into account the provisions of the Specified Tree Act and rules made there under;
iii. The PCCF/HoFF, J&K shall issue strict warning to all concerned Forest Officers/ Officials to remain careful in future. Besides, he shall ensure that the khair wood harvested from khasras recorded as Gair Mumkin Jungle Gair Mehdooda be auctioned and proceeds deposited in the Government Treasury; and iv. Revenue Department shall take cognizance of the illicit felling of trees from khasras recorded as Gair Mumkin Jungle Gair Mehdooda, and take strict action, under Specified Tree Act and other relevant Acts, against all the culprits.
05. It is the specific case of the petitioners that once the matter was pending adjudication before the Court, it was incumbent on part of the respondents to have filed reply and instead of contesting the aforesaid petition, the 4|Page WP(C) No. 264/2025 respondents with a view to defeat the rights of the petitioners and to render the aforesaid petition infructuous, have acted in most haste manner, which is in flagrant violation of the order passed by this Court whereby the aforesaid directions have been issued, which finds mention in the order impugned.
06. Heard learned Senior counsel for the petitioners at length and perused the record. Prima facie, a case for indulgence is made out.
07. Issue notice to the respondents in the main petition, as also in CM, returnable within four weeks. Requisite steps for service be taken within one week.
08. List on 25.02.2025along with WP(C) No. 3148/2023.
09. In the meantime, subject to objections from the other side and till next date of hearing before the Bench, the order impugned dated 20.01.2025 to the extent it pertains to the petitioners shall remain stayed.
10. Alteration/Modification/Vacation on Motion.
(WASIM SADIQ NARGAL) JUDGE JAMMU 07.02.2025 Mihul