Case Note & Summary
The dispute arose from a writ petition filed by a registered cooperative society, Balpur Vibhag Jungal Kamdar Sahakari Mandali Ltd., challenging an order from the Deputy Conservator of Forests dated 19th December 1986, which denied the society possession of coup No.12, known as Kosambdi, in the Vyara range. The society, composed of scheduled tribe members residing in forest villages, had applied for the allotment of the coup for the year 1986-87, which was granted under an order dated 15th November 1986. However, a subsequent communication on 19th December 1986 informed the society that possession would not be handed over until further orders. The society sought judicial intervention, and interim relief was granted on 13th March 1987, allowing them to take possession of the coup. As the allotment period had long expired, the court found that the matter had become infructuous, leading to the dismissal of the writ petition. The court ruled that no further proceedings were warranted given the circumstances, and thus the rule was discharged.
Headnote
A) Writ Jurisdiction - Infructuous Petition - Dismissal of Writ Petition - Constitution of India, 1950 - The writ petition was filed challenging the order of the Deputy Conservator of Forests regarding possession of a forest coup. The court held that since the allotment period had expired and interim relief had been granted, the matter had become infructuous and thus dismissed the petition. Held that no further adjudication was necessary (Paras 1-2).
Issue of Consideration
Whether the writ petition challenging the order of the Deputy Conservator of Forests has become infructuous due to the expiry of the allotment period.
Final Decision
The High Court dismissed the writ petition as infructuous due to the expiry of the allotment period for the forest coup, ruling that no further adjudication was necessary.
Law Points
- Writ jurisdiction
- Infructuous petitions
- Allotment of forest coup
- Cooperative societies
- Interim relief
