2025:UHC:9119-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 14TH OCTOBER, 2025 SPECIAL APPEAL NO. 322 OF 2025 Surendra Singh Rana ...Appellant Versus State of Uttarakhand and another. ..Respondents Counsel for the appellant : Mr. Rahul Consul, learned counsel. Counsel for the respondents : Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State of Uttarakhand / respondent No. 1. Mr. D. Barthwal, learned counsel for respondent No. 2. JUDGMENT :(per Mr. G. Narendar, C.J.) The writ petition was canvassed before the learned Single Judge and the learned Single Judge, in Paragraph Nos. 4 and 5 of the impugned judgment dated 22.09.2025, has ordered as under:- “4. Learned State Counsel submits that petitioner has prayed for a writ of mandamus without making a formal demand to the competent authority. Mr. Rahul Consul, learned counsel appearing for the petitioner submits that petitioner be permitted to make representation to the competent forest authority. 5. Accordingly, the writ petition is disposed of by permitting petitioner to make representation to the Divisional Forest Officer, Rishikesh, within ten days from today. If petitioner makes such representation, the D.F.O. concerned shall take decision thereupon within four weeks thereafter.” 2. From a reading of the above, it is apparent that the order has been passed with the consent of the appellant-writ petitioner. 2025:UHC:9119-DB 2 3. In that view, the Appeal, in our considered opinion, is wholly unsustainable and is an abuse of the process of the Court and is accordingly, rejected. 4. Pending application, if any, also stands rejected accordingly. ________________ G. NARENDAR, C.J. ________________ SUBHASH UPADHYAY, J. Dt: 14th October, 2025 Rathour PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3ae b1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC617 9B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.10.16 10:46:12 +05'30'