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2018 DIGILAW 402 (PNJ)

Akhil Bhartiya Jeev Raksha Bishnoi Sabha v. State Of Punjab And Another

2018-01-29

AJAY KUMAR MITTAL, ANUPINDER SINGH GREWAL

body2018
JUDGMENT Ajay Kumar Mittal, J —The challenge in this petition filed under Articles 226/227 of the Constitution of India, is to the notification dated 24.08.2017 (Annexure P-1) issued by respondent No.1 whereby Divisional Forest Officer (Wildlife), Divisional Forest Officer (Territorial) and Sub Divisional Officers (Civil) having territorial jurisdiction have been appointed as Authorized officers for issuing permits for hunting of wild animals viz. Roz (Neelgai) and Pig because the said notification is in contravention of judgment passed by the Hon'ble Supreme Court in Centre for Environment Law, WWF-1 vs. Union of India and others , (2013) 2 RCR(Civil) 928. Further prayer has also been made to declare Section 62 of the Wildlife Protection Act, 1972 as illegal and ultra-vires, which empowers the Centre to declare a protected animal as vermin. 2. On a query being put to learned counsel for the petitioner as to whether for the relief claimed in this writ petition, any representation has been filed before the concerned authority or not, it was not denied that no such representation has been filed. Learned counsel submitted that she may be allowed to withdraw the present writ petition at this stage by permitting the petitioner to file a detailed and comprehensive representation before respondent No.1, within one month for the relief claimed in the present writ petition. However, a prayer was made that time bound direction be issued to the said authority to decide the same after affording an opportunity of hearing to the petitioner and by passing a speaking order in accordance with law. 3. After hearing learned counsel for the petitioner, perusing the present writ petition and without commenting anything on the merits of the case, the present writ petition is disposed of by granting liberty to the petitioner to file a detailed and comprehensive representation, raising all the pleas as raised in the present writ petition before respondent No.1 within one month from the date of receipt of certified copy of this order. In case, such a representation is filed, the same shall be decided by the said authority by passing a speaking order and after affording an opportunity of hearing to the authorized representative of the petitioner within next three months in accordance with law.