B. K. Roy, Vijay Prakash Goel, JJ. - (1.) THE petitioners who claim co -owners with Respondent No. 4 in regard to the grove standing over various plot numbers mentioned in paragraph 1, have come up with a prayer to command Respondent Nos. 1 to 3 to furnish the accounts and pay the net profit of each financial year during the period of their management as contemplated by Section 38 -1 of the Indian Forest Act, 1927 read with Rules 3 and 4 of the Rules framed under the Act. Their further prayer is to command the Respondent No. 2 to approve the auction dated 10.1.1996 and issue permits forthwith. Through an amendment application a prayer has been made to direct the respondents that the auction and approval of the bid, cutting and felling operation of the grove be completed every year by March -April in order to effectuate re -plantation by September each year till expiry of the working plan in 2006.
(2.) IN paragraph 17 of their counter affidavit dated 27.3.1997 the Respondent Nos. 1 to 3 have stated, inter alia, that the petitioners have got no cause of action; that the reliefs claimed are infructuous as the accounts have already been submitted and the bids of lots, auctioned on 10.1.1996, have already been approved; that the amount admissible to the petitioners have already been paid and that only some balance amount is required to be paid by the respondents to the petitioners which they are trying to pay; the present writ petition has become infructuous as the main relief stands already granted to them. It appears that thereafter the petitioners filed an application for grant of interim mandamus which came up for consideration before a Division Bench on 5.5.1998. The said Division Bench disposed of that application by passing the following order: - - By means of this application filed in this petition the applicants have prayed for issuing an ad interim mandamus directing the respondents that the auction and approval of the bid and cutting and felling of trees be completed regularly year to year by March, April and re -plantation by September as per 'Nasirabad Laghu Prabandh Yojana'. In this connection the petitioners may make an application to the authority concerned who will decide the same within a month thereafter in accordance with law. The application is disposed of. Sd/ - M. Katju, J.Sd/ - S.L. Saraf, J.5.5.1998
(3.) IT is stated by Miss Moonis, learned counsel for the petitioner, that in terms of the liberty granted afore -mentioned the petitioners filed a representation on 30.6.1998, which is pending.;