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Can writ petition be filed if no action taken by local authorities
29-Aug-2023 (In Civil Law)
I have certain trees that are damaging my warehouse and are also creating a danger of falling over my employees. I have report to valid my issue from most of the local authorities including DFO and Circle Officer . I initiated a civil suit last year but till now there is no actual proceedings taken by the SDM and to my surprise he visited to premise on 3 months back and didn't even care to submit his inspection report till date and no further date have been issued by him. I have even written letter to him that there is a immediate need of remedy . He neither does anything nor replies to the Letter. Can I file a writ petition or there is some other solutions to solve this situation?
Yes. Since there is a threat to your Life in this particular situation, you can move the High Court for enforcement of your Fundamental Right under Article 21 of the Constitution on the ground of inaction of the concerned Authorities who are duty-bound under the Law to address your problem. The High Court in this Case will issue a Writ of Mandamus to the Authorities to do the needful on a immediate basis. All the best.
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Adv. Samudragupta Dutta
Guwahati | 25+ Answers
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As you said that you have already filed a civil suit we need to first see all your documents related to the suit and then form an opinion as to whether a writ is maintainable at this stage. You may if you desire meet me in my chamber with prior appointment alongwith all documents to have a detailed discussion in the matter :)
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Adv. Bidhayak Acharyya
Guwahati | 100+ Answers
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If the trees are standing upon your own land, then it is not necessary to file any writ petition for seeking a direction of removing the same from the hon'ble court but you have to apply to the local forest office for granting permission to remove the same as per the provision Forest Act.
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Adv. Purna Ch. Sarma
Guwahati | 25+ Answers
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