JUDGEMENT Justice Rajiv Sharma, Judge (Oral): Khaddar Beat of Nerwa Range was due for felling during the year 2008-2009. Petitioner submitted an application for felling of trees in Khaddar Beat on 4.3.20 10. The Tehsildar, Chopal, District Shimla wrote a letter to the Divisional Forest Officer, Chopal on 23.3.2010 requesting him that the demarcation of the land has been fixed for 23 and 24.3.2010. The Principal Chief Conservator of Forest recommended the case of the petitioner to the State Government on 24.3.20 10. Necessary approval was accorded on 29.3.2011. In sequel thereto, the Divisional Forest Officer sent a communication to Tehsildar to complete the demarcation before 31.3.2011. The Principal Chief Conservator of Forests informed the Additional Chief Secretary (Forests) on 14.6.2011 that deviation for demarcation of land/marking and felling of trees can be upto two years and the present case has become time barred. The Divisional Forest Officer, Chopal wrote a letter to the Chief Conservator of Forests on 14.9.2011 stating therein that the area was snow bound and the forest staff was busy in closing financial year and in these circumstances the demarcation could not be carried out. He requested the Chief Conservator of Forests to seek deviation sanction for demarcation, if possible for the years 2011-12 instead of 2010-11. 2. It appears from the record that the petitioner has made a representation to the Additional Chief Secretary of Forests seeking necessary approval. However, the fact of the matter is that the Principal Chief Conservator of Forests informed the Additional Chief Secretary of Forests that the request could not be acceded to. 3. The Court is of the considered view that the petitioner has done everything possible to get the demarcation of the land/marking of the trees. The Tehsildar has informed the Divisional Forest Officer on 23.3.2010 of the date of demarcation for 23/24.3.2010. Necessary permission has been accorded in favour of the petitioner vide communication dated 29.3.2011. The Divisional Forest Officer has also requested the Tehsildar to carry out the demarcation, however, the fact of the matter is that the demarcation could not be carried out before 31.3.2010 and the petitioner cannot be faulted for this. It is the duty of the agency of the State Government to see that the petitioner and similarly situate persons are not put to undue harassment by not carrying out the demarcating/marking of trees. 4. It is the duty of the agency of the State Government to see that the petitioner and similarly situate persons are not put to undue harassment by not carrying out the demarcating/marking of trees. 4. It is true that it is the responsibility of the petitioner to get the area demarcated and to mark the trees. However, all the proceedings are to be completed either by the revenue agency or by the forest department. Petitioner can only assist the authorities in getting the area demarcated/marking of trees. The necessary approval has been accorded to the petitioner for deviation for 2010-11 and the Divisional Forest Officer has also requested that the deviation could be obtained for 2011-12 instead of 2010-11. He has informed the Chief Conservator of Forests that the entire forest staff was busy in closing financial year where the demarcation and enumeration was to be carried out and the area was covered with snow as per the report of the Range Officer, Nerwa. The provisions of the Himachal Pradesh Forest Produce (Regulation of Trade) Rules, 1982 have to be construed liberally to ensure that the farmers do not suffer. 5. Accordingly, in view of the observations and discussions made hereinabove, the writ petition is allowed. The respondents are directed to accord approval of deviation for felling of trees on the basis of application submitted by the petitioner on 4.3.20 10 within a period of one month from today and thereafter to demarcate/mark the trees for felling of trees within further period of three months. The pending application(s), if any, also stands disposed of. No costs.