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Allahabad High Court

M/S K.V. INSTITUTE SAGARPALI AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The court directs the Principal Chief Conservator of Forests, Wildlife, U.P., Lucknow to decide the renewal of the license within three weeks and communicate any decision made.

Summary

The petitioners, K.V. Institute and another, filed a writ petition seeking renewal of their license, which had been pending for several years before the concerned authorities. The court noted that the Regional Director’s instructions indicated the renewal matter was still under consideration. The standing counsel submitted that the Principal Chief Conservator of Forests, Wildlife, U.P., Lucknow is the competent authority to decide the case. The court, in the interest of justice, ordered the respondent to take a positive decision on the renewal within three weeks of the certified copy of the order. If a decision had already been made, it must be communicated to the petitioners immediately. The order was to be communicated to the respondent through the Registrar (Compliance).

Issues considered

  • Whether the respondent authority should be directed to decide the pending renewal of the petitioners' license expeditiously

Subjects

  • license renewal
  • writ petition
  • administrative delay
  • forest department
  • expeditious decision

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 20632 of 2022

                                    M/S K.V. Institute Sagarpali And Another
                                                                                                              .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 5 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)              :    Arvind Kumar Maurya, Om Prakash Verma
                                    Counsel for Respondent(s)              :    CSC

                                    Court No. - 5
                                                              HON'BLE PRAKASH PADIA, J.
                                                              HON'BLE VIVEK SARAN, J.

                                    1. Pursuant to the order dated 30.8.2022 passed by this Court, instructions received
                                    under the signatures of Regional Director, Samajik Vaniki Prabhag, Ballia/respondent
                                    no.6 have been placed before the Court by the learned Standing Counsel, the same is
                                    taken on record.

                                    2. It is stated in the aforesaid instructions that the order pertaining to renewal of
                                    license of the petitioner is still pending consideration before the concerned authorities.
                                    From the perusal of record it appears that the matter is pending consideration for
                                    renewal of license for last several years.

                                    3. Learned Standing Counsel submits that the respondent no.2/Principal Chief
                                    Conservator of Forests, Wild Life, U.P. Lucknow is the competent authority in the
                                    matter who will take a decision in the matter expeditiously.

                                    4. In this view of the matter, in the interest of justice, the present petition is disposed
                                    of finally directing the respondent no.2/Principal Chief Conservator of Forests, Wild
                                    Life, U.P. Lucknow to take a decision in the matter most expeditiously and positively
                                    within a period of three weeks from the date of production of certified copy of this
                                    order.

                                    5. In case a decision has already been taken, the same shall be communicated to the
                                    petitioner forthwith.

                                    6. Let this order be communicated to the respondent no.2/Principal Chief Conservator
                                    of Forests, Wild Life, U.P. Lucknow through C.J.M. concerned by the Registrar
                                    (Compliance) forthwith.

                                    September 29, 2026/Gaurav Kuls

                                                                                        (Vivek Saran,J.) (Prakash Padia,J.)




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad


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