IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1693 of 2008 (M/S) Pratap Singh Mer S/o Sri Jodh Singh Mer R/o C/o Parwatiya Mines, Opposite Degree College, Bageshwar. (Presently R/o 179, Gurunanakpura, Haldwani, Nainital). . Petitioner ...………… [ Versus 1. State of Uttarakhand through Chief Secretary, Civil Secretariat, Dehradun. 2. The Principal Secretary Forest Department, Civil Secretariat, Dehradun. ...…………. Respondents Mr. B.P.S. Mer, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. C.S.C. for respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus, commanding the respondents to decide the representation dated 17.07.2008 (copy Annexure –1 to the writ petition), made by the petitioner, within a period of 30 days or as stipulated by the Court. 2 3) Brief facts of the case are that vide Government Order No. 869-F issued by the then Lieutenant Governor of North-Western Provinces and Chief Commissioner of Oudh in exercise of powers conferred under the Indian Forest Act, 1878, certain waste land and un-measured land of villages to be demarcated, was declared as protected forest. The said Notification included certain villages of District Almora, namely Machor, Bhatronj, Siuni, Siun, Belekh, Kathalekh, Gania Deoli, Karchuli, Chilianao, Chaubatia, Padholi, Dwarson, Siahi Devi, Airadeo. 4) The contention of learned counsel for the petitioner is that the forest officers have no right to interfere with the measured land of bifurcated district of Bageshwar in which none of the above villages situate, as the area is not covered under the Notification. Learned Additional Chief Standing Counsel has no objection if the concerned authority i.e. Principal Secretary, Forest department, is directed to take a decision on the representation of the petitioner. 5) Therefore, having heard learned counsel for the parties, this writ petition is summarily disposed of directing the respondent No. 2 to consider and take a decision on representation dated 17.07.2008 (copy Annexure –1 to the writ petition) made by the petitioner, within a period of three months from the date certified copy of this Order is produced before such 3 authority. (Interim Relief Application No. 6356 of 2008 also stands disposed of). (Prafulla C. Pant, J.) [ Dt. September 26, 2008. H.Negi