Neutral Citation No. - 2025:AHC-LKO:17252-DB Court No. - 2 Case :- WRIT - C No. - 2314 of 2025 Petitioner :- Atiulla Respondent :- Conservator Of Forest Devi Patan Division Gonda And Another Counsel for Petitioner :- Mohammad Ehtesham Khan,Dinesh Kr. Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. On 21.03.2025, we had passed the following order:- "Heard. Shri Pankaj Kumar Shukla, District Forest Officer, Gonda is present. We confronted him with the legal position, as evidenced in Rule 8 of U.P. Establishment and Regulation of Saw Mills Rules, 1978, as also, our order dated 11.03.2025. He could not show any notice having been given, much less a one month's notice, as envisaged in the said Rules and accepted the fact that notice was not given. He, however, contended that the petitioner was present, therefore, there was no need to give a notice. We asked him to show the law on the subject, but he was unable to place before us any such provision which permitted him to act in the manner in which he has acted. As regards the alleged appeal, learned Additional C.S.C. says that the appeal has been registered, however, he is not in possession of number of the appeal nor a copy of it. We asked Shri P.K. Shukla as to what is the number of the appeal, he could not inform us about it, but placed an application before us which according to him is the appeal. The same application is annexed as Annexure No. 4. With respect, we do not find that this is an appeal. This is only an application dated 04.10.2024. Appeals are filed in proper format seeking quashing of an order. The relief in the said application is that this application be considered and he be allowed to operate the saw mill. This can hardly be treated as an appeal. However, there is another set of instructions provided by none other than Shri P.K. Shukla, wherein it has been stated that no appeal has been preferred before the competent authority. We are surprised at the conduct of the Officer who is present, as, orally he says that appeal has been preferred and in the written instructions he says something else. These instructions are dated 06.03.2025. There is another set of instructions dated 18.03.2025 wherein he says that there is an application pending for revocation of the impugned order before the Appellate authority. Prima facie, this is nothing but an attempt to play tricks with the Court. The instructions dated 06.03.2025 and 18.03.2025 are taken on record. Let the records of any appeal which may have been registered be produced before us on 26th March, 2025, when the matter shall be taken up as fresh. The officer who is present will again appear on the next date. Shri P.K. Shukla, D.F.O., Gonda who is present today should file his own affidavit as to why a cost of at least Rs. 1,00,000/- be not imposed upon him for acting in violation of law apart from initiation of disciplinary proceedings against him." Learned Additional C.S.C. has filed a counter affidavit today in the Court, which is taken on record. On being asked, Sri Raj Bakash Singh, learned Additional C.S.C. says that there are no records of appeal as none has been registered. He also says that Sri Pankaj Kumar Shukla, District Forest Officer, Gonda has withdrawn the order impugned herein, however, at this stage, counsel for the petitioner submitted that after passing of the order dated 21.03.2025, on 22.03.2025, Forest Officers visited the Saw Mill with a written statement and made the petitioner to sign it. The contention of the petitioner's counsel is that the said document, which is a photocopy, has not been written by his client but somebody else, however, he was made to sign the same. We are not concerned with that, the petitioner, if he so pleases, may initiate separate proceedings in this regard but we are greatly pained by the conduct of Sri Pankaj Kumar Shukla, District Forest Officer, Gonda, who has tried to hoodwink us in these proceedings. We do not find any notice having been given to the petitioner before passing of the order dated 11.03.2025. Nevertheless, considering the fact that the impugned order itself has been withdrawn, any signature on the document placed before us, copy of which is taken on record, is rendered in consequential. If any action is to be taken, then the same will have to be taken afresh but only in accordance with law. Considering the conduct of the District Forest Officer, Gonda, we impose a cost of Rs.50,000/- which shall be deposited in the Court. At this stage, the learned Additional C.S.C. makes a fervent plea that the District Forest Officer, Gonda shall not repeat what he has done in this case and the cost imposed should be waived off. Only because of this fervent plea of the learned Additional C.S.C., we waive off the cost with caution to the District Forest Officer, Gonda that in future he should adhere to the law strictly and when court proceedings are pending, he should neither try to preempt it nor place incorrect facts. These observations shall be treated as advisory and not adverse to his carrier. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 26.3.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench