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2026 DAILYLAW 18300 (HP)

NETAR SINGH v. State of Himachal Pradesh

CWP/12450/2026 · 2026-07-31

Jyotsna Rewal Dua

body2026

Judgment text

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2026:HHC:31728 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12450 of 2026 Decided on: 31st July, 2026 ------------------------------------------------------------------------------------- Neter Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Devender Kumar Sharma, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Grievance of the petitioner was noticed as under in the following order passed in the matter on 27.07.2026:- “Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. Petitioner's grievance is to the office communication dated 10.06.2025 (Annexure P-6) issued by the Deputy Conservator of Forests, Suket Forest Division, Sundernagar, to the extent that it has issued instructions that, in case of sale/disposal of any timber outside the range jurisdiction, the prior permission of the DFO/Competent Authority would be mandatory, more particularly qua the depots established in Jai Devi and Jhungi Range. The petitioner is a depot holder at Jhungi Devi. Further grievance of the petitioner is that, even though the said directions have been selectively issued only qua the said forest ranges, he has been abiding by the conditions imposed, however, the 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:31728 Competent Authority is taking more than five to seven days to grant permission/approval, thereby defeating the very purpose and causing business loss to the petitioner. In view of above, let learned Additional Advocate General to have instructions in the matter. List on 28.07.2026.” Pursuant to the above order and also the orders passed in this matter on subsequent dates, both sides have placed on record documents/compendium of instructions. With the consent of learned counsel for the parties as also keeping in view the limited grievance urged during hearing of the case, the matter has been heard and is being disposed of on the basis of instructions placed on record by the respondents without calling for reply. 2. Learned counsel for the petitioner contended that it is only for the depots established in Jai Devi and Jhungi Ranges, that the concerned Divisional Forest Officer/Competent Authority is insisting for its prior permission for sale/disposal of timber outside the range jurisdiction. The second issue being highlighted is that the competent authority has been processing the applications for grant of permission/approval with considerable delay that defeats the very purpose of issuance of permits and in turn is causing business loss to the petitioner. 3. Respondent-Deputy Conservator of Forests in office instructions dated 27.07.2026 has held out that Jai 3 2026:HHC:31728 Devi and Jhungi Ranges are predominantly Deodar bearing high value forest areas characterised by difficult terrain; There have been repeated instances of illicit felling, illegal extraction and clandestine transportation of Deodar timber in these ranges. During the last about two and a half years, several cases of illegal transportation of Deodar timber have been detected from these ranges. This has necessitated adoption of enhanced verification mechanism. Such mechanism for these ranges is based upon administrative need for protection of government forest wealth and prevention of illegal timber movement. There is no reason to doubt the ground assigned by the competent authority for treating Jai Devi and Jhungi ranges with extra care & caution and for adopting the enhanced verification mechanism. 4. Insofar as petitioner’s second grievance with respect to delay in the processing of applications seeking permission/approval for transportation of wood outside the range jurisdiction is concerned, learned counsel for the petitioner by referring to the documents placed on record during hearing of the case, had contended that there has been delays on part of the Range Forest Officers in forwarding the applications moved by the petitioner to the Divisional Forest Officer for seeking further approval. That 4 2026:HHC:31728 there have been instances, wherein an application furnished on a particular date had been forwarded by the concerned Range Forest Officer after six days for approval of the competent authority. This, according to learned counsel for the petitioner, results in irreparable loss and injury to petitioner’s business. Learned Assistant Advocate General, during the course of today’s hearing, has placed on record office instructions dated 30.07.2026 from the Deputy Conservator of Forests, Suket Forest Division, Sundernagar, inter alia, conveying that pursuant to the proceedings held in this writ petition, the Deputy Conservator of Forests, Suket Forest Division vide his office letter dated 30.07.2026, has issued administrative directions to all the Range Forest Officers of the division for timely processing the applications and fixing accountability of the Range Forest Officer concerned for any delay at their level. The Deputy Conservator of Forests, Suket Forest Division has undertaken to ensure timely processing of applications for transit permits under the National Transit Pass System (NTPS) Portal. Copy of the office letter dated 30.07.2026 has also been appended alongwith the office instructions. 5. Taking into consideration the pleadings, the office instructions, the documents placed on record and the 5 2026:HHC:31728 submissions made by learned counsel for the parties, this writ petition is disposed of with direction to respondent No.4-the Divisional Forest Officer, Suket Forest Division, Sundernagar, District Mandi to ensure speedy and timely processing of applications for transit permits under the NTPS portal by all concerned officers, more specifically, the Range Forest Officers of the concerned division. Earnest efforts be made to ensure that applications for issuance of transit permits under the NTPS portal are processed by the Range Forest Officers not later than a day or two of the receipt thereof for their onward processing in the office of respondent No.4. The accountability be fixed for the undue delay on part of the Range Forest Officers in processing the applications. The application so processed by the Range Forest Officers be also dealt with in accordance with law promptly in the office of respondent No.4. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 31, 2026 Judge Mukesh