1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP No.8783 of 2026 in COPC No. 120 of 2026 Decided on: 20.05.2026 The Lohara Co-operative Cho Reclamation …..Petitioner Versus Sushil Kumar ..Respondent ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate. For the Respondent: Mr.L.N. Sharma, Additional Advocate General and Mr. Rajat Choudhry, Assistant Advocate General. Mr. Vikalp Yadav, DFO, Una in person. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Following order was passed in this application filed in disposed of Contempt Petition, The Lohara Co- operative Cho Reclamation & Soil conservation Society versus Sh. Suhil Rana2 on 27.04.2026:- “Learned Assistant Advocate General has placed on record office instructions dated 27.04.2026 from the Deputy Conservator of Forests. In view of office letter dated 20.04.2026 (appended therewith) addressed by the Divisional Forest Officer, Una Forest Division, Una to the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2COPC No.120/2026, decided on 31.03.2026. 2 Divisional Manager, Forest Working Division, Hamirpur, submission has been made for the State that felling permission has now been granted in favour of the petitioner. Learned Senior Counsel for the petitioner submits that felling permission has been issued to the petitioner, but the felling is to be done through the Himachal Pradesh State Forest Development Corporation Limited. Let the respondents file reply to the application within a week. List on 06.05.2026.” 2. Pursuant to above order, the respondent has filed reply to the application clarifying therein that permission for felling dry-fallen Chir trees had been granted to the land owners through petitioner society subject to the condition that felling would be done through Himachal Pradesh Forest Development Corporation Limited. Mr. Vikalp Yadav, DFO, Una present pursuant to the order dated 18.05.2026, has apprised that in all similar cases, felling permission of dry- fallen Chir trees in favour of individuals is being granted through H.P Forest Development Corporation Ltd and such action is in consonance with law. 3. Learned Senior Counsel for the petitioner disputes the above position. According to learned Senior Counsel, felling permission in favour of the petitioner though had been granted by the respondent but 3 condition of felling of trees to be carried out by H.P. Forest Development Corporation Ltd. is not in consonance with law. 4. The directions issued in The Lohara Co- operative Cho Reclamation & Soil conservation Society versus State of H.P and others3 were as under:- “3. Pursuant to the above, learned Assistant Advocate General has placed on record office instructions dated 25.02.2026 from the Deputy Conservator of Forests, Una Forest Division Una, H.P., conveying that Government of Himachal Pradesh has allowed felling of dried Chil Trees due to natural calamities, deceased or insect attack etc. vide notification dated 25.02.2026. Copy of the said notification has also been appended alongwith the office instructions. Learned Assistant Advocate General, on the basis of aforesaid instructions and appended notification, submits that the concerned Division Forest Officer will issue necessary permission in accordance with law in petitioner’s favour within two weeks i.e. latest by 15.03.2026. 4. Taking note of above submissions, present writ petition to stand disposed of. Pending miscellaneous application(s), if any, also to stand disposed of.” The Lohara Co-operative Cho Reclamation & Soil conservation Society2 was disposed of as under:- “4. In view of the office instructions now placed on record as also the compliance affidavit filed by 3CWP No.20281/2025, decided on 26.02.2026. 4 the respondent, the present contempt proceedings are closed with direction to the respondent to strictly adhere by the timelines given by him, i.e. processing the case of the petitioner for enumeration/marking by 10.04.2026 and issuance of felling permission/orders by 20.04.2026. Let this be also brought to the notice of all concerned authorities including the competent authority. The timelines indicated in The Lohara Cooperative Cho Reclamation & Soil Conservation Society3 shall stand extended accordingly. Since the timelines for issuance of felling permission/orders have now been extended upto 20.04.2026, the respondent shall allow the petitioner to fell the trees, in case of issuance of felling permission/orders in its favour, by 30.04.2026. Notice issued to the respondent is discharged.” Since the felling permission/order has been issued in favour of the petitioner, there is no necessity to continue with this application any further. The directions issued in judgment/orders stand complied with. In case the petitioner is aggrieved against actual felling of dry- fallen trees through H.P. Forest Development Corporation Limited, which according to the respondent is in consonance with law, it is for the petitioner to seek appropriate remedy in accordance with law. Application to stand disposed of. Jyotsna Rewal Dua May 20, 2026 Judge yogesh