Cr.MMO 157 of 2010 19.08.2010 Present: Mr. R.S. Chandel, Advocate, for the petitioner. Mr. R.K. Bawa, Advocate General with Ms. Ruma Kaushik, Addl. Advocate General, for the respondent. Mr. Ashwani Kaundal, Advocate, for the proposed respondent/applicant. The petitioner has approached this Court with a prayer that respondent No. 2 Divisional Forest Officer, Theog, Tehsil Theog, District Shimla be directed to decide his application Annexure P-1 which has been filed under the provisions of Section 53 of the Indian Forest Act praying for release of the vehicle to its registered owner which status the petitioner claims. Notice of this petition was issued to the State and record has been produced before me. The case has been handled in a most casual manner by the Divisional Forest Officer without paying any attention to the seriousness as required under law for proper adjudication. All that need be said is that order has been passed on the file on 4.1.2010. I refrain from expressing the manner in which the application has been dealt with. The order has been passed on the noting made by office staff of the Forest Department and not by adjudication by the Divisional Forest Officer as required by law. To say that this is a deplorable state of affairs, is putting it mildly. The record shows a total lack of application of mind and acting on dictation. The case has been processed on the recommendations made by the junior staff which is impermissible under law. What was required was an independent application of mind to the facts as alleged and then arriving at a decision based on concrete facts and not on the office notings. In these circumstances, the order is quashed and the proceedings are set aside. A direction is issued to the Divisional Forest Officer, Theog to decide the application Annexure P-1 under Section 53 of the Indian Forest Act afresh in accordance with law. He is further directed to take up the case on 13th September, 2010 and to proceed with the matter expeditiously. Petition stands disposed of. August 19, 2010 (Dev Darshan Sud), (ms) Judge