IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 399 of 2004 (M/B) Jaswinder Singh S/o Charan Singh, R/o Tanda Amijan, P.O. Bannakhera Bazpur, District Udham Singh Nagar. ......... Petitioner Versus 1. State of Uttaranchal, through Principal Secretary, Forest Department, Dehradun. 2. Principal Chief Conservator of Forest, Dehradun. 3. Conservator of Forest, Nainital. 4. District Magistrate, Nainital. 5. Senior Superintendent of Police, Nainital. 6. S.S. Raysali, Divisional Forest Officer, Tarai West Forest Division, Ramnagar, District Nainital. 7. Sri Samiya, Range Officer Bannakhera Tarai West Forest Division, Ramnagar, District Nainital. ......... Respondents Mr. Anil Dabral, Advocate on behalf of Mr. D.S. Patni, Advocate for the petitioner. Mr. Subhash Upadhyaya, Standing Counsel for respondents Nos. 1 to 5. Mr. Alok Mehra, Advocate on behalf of Mr. Manoj Tiwari, Advocate for respondents Nos. 6 and 7. JUDGMENT Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble Prafulla C. Pant, J. RAJEEV GUPTA, C. J. (Oral) Mr. Anil Dabral, Advocate on behalf of Mr. D.S. Patni, Advocate for the petitioner. Mr. Subhash Upadhyaya, Standing Counsel for respondents Nos. 1 to 5. Mr. Alok Mehra, Advocate on behalf of Mr. Manoj Tiwari, Advocate for respondents Nos. 6 and 7. They are heard. 2 2. The petitioner filed this writ petition styled as ‘Public Interest Litigation’ in the year 2004 for the following relief: “A. issue a writ, order or direction in the nature of Mandamus directing the respondents to take appropriate legal action against erring officer/employees for illegal felling of trees at Bannakhera Range and fix the liability thereof. B. Issue a writ, order or direction in the nature of mandamus directing the State Government to constitute a High Power Committee to investigate illegal felling of trees throughout the State and take appropriate measures for enquiry so that no illegal felling of trees takes place in future and initiate ex-plantation and rejuvenation of the forest. C. Issue a writ, order or direction in the nature of mandamus directing the respondents to take appropriate legal criminal action against erring officers/Employees by lodging F.I.R. D. issue any suitable writ, order or direction in the nature of which this Hon’ble Court may deem fit and proper in the circumstances of the case. E. Award the cost of the writ petition to the petitioner.” 3. In substance, the petitioner was seeking constitution of a High Power Committee to investigate illegal felling of trees in Bannakhera Range. 4. The respondents have filed their counter affidavits. In the counter affidavit filed on behalf of respondent No. 6 Divisional Forest Officer, following averments have been made in para 9: “9. That the contents of Para 3 of the writ petition as stated are absolutely erroneous and misleading in nature which are emphatically denied. The allegations made in the writ petition, have no factual foundation and the petitioner has leveled personal allegations upon the deponent without any sense of responsibility. Pursuant to order dated 17.5.2004 passed by this Hon’ble Court, a High Level Enquiry was made by Conservator of Forest, North Kumaon Circle, Nainital who personally visited the 3 sites where according to the petitioner, illicit felling was done. The petitioner was also requested to remain present during spot inspection made by the Conservator of Forest / Enquiry Officer. The Enquiry Officer after thorough enquiry has recorded following conclusions: (i) Some illicit felling was found in Bannakhera Range, however, the said illicit felling is not commercial in nature and there does not to be any connivance of the forest officials with the offenders. (ii) Sri Jaswinder Singh (Petitioner) does not have proper knowledge of the forest as he was unable to take the enquiry team to the alleged site of illicit felling. (iii) The forest in question is surrounded by densely populated area, Khatta and lease holders due to which there is extreme biotic pressure on the forest. In this connection true copy of the enquiry report dated 29.5.2004 submitted by Conservator of Forest, North Kumaon Circle, Nainital is enclosed herewith and marked as ANNEXURE NO. C.A. 2 to this affidavit. 5. The documents filed along with this counter affidavit Annexures Nos. CA3 and CA4 further indicate that some officials have been placed under suspension and further action is being taken against them. 6. In view of the above developments during the pendency of the writ petition, we are of the opinion that, now, nothing survives in the writ petition for decision. 7. The writ petition, therefore, is dismissed as infructuous. 8. The security amount of Rs. 10,000/- deposited by the petitioner in compliance of this Court’s order dated 17.05.2004 be refunded to the petitioner. (Prafulla C. Pant, J.) (Rajeev Gupta, C. J.) 19.05.2006 19.05.2006 G