IN THE HIGH COURT OF _______________ AT
(CIVIL APPELLATE JURISDICTION)
(REVISION PETITION UNDER SECTION 115 OF THE CODE OF CIVIL
REVISION PETITION NO ____ OF
RANK OF THE PARTIES
Trial Court High Court
_______________________ Plaintiff Petitioner
_______________________ Defendant Respondent
REVISION PETITION UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE 1908 CHALLENGING THE ORDER PASSED ON _____IN THE CASE NO._____.
The Petitioner above named most respectfully submit as follows:
1. The address of the Petitioner for the
purpose of service of summons, notices, etc. from this Hon'ble Court is as
shown in the cause-title and also that of their counsel Mr____________________,
Advocate, at ____________________ ______________.
2. The addresses of the Respondent for the purpose of service of notices, etc., from this Hon'ble court is as shown in the cause title of the Respondents.
3. This First Revision Petition is filed by the Petitioner challenging the Judgment and Decree of Dismissal of Suit dated __.__.20__, passed by the Hon'ble Principal District Judge at __________, in O.S No. __/20__. The original suit in this matter was filed by the Appellants herein in public interest. The main concern in the suit and this appeal is the Suit Schedule Property which falls in ____________ at __________________, which is in the core of the protected are in the Western Ghats and has been declared as reserve forest. The Respondent have carried out construction work in the Suit Schedule Property and set up a huge hotel, in violation of the provisions of the Forest Conservation Act, which requires that without the prior approval of the Central Government there cannot be any use of any forest land or any portion thereof for any non forest purposes.
Learned Trial Court have without any
legal basis held that there was no violation of Section 2 of the Forest
Conservation Act. The construction work is for setting up a Hotel in the
forest and the said tourist camp is not related to conservation or
development of wildlife, and would in fact be detrimental to the wildlife
and hence the finding of the Learned First Appellate Judge deserves to be
set aside. Hence this Revision Petition.
(A Certified copy of the judgment dated __.__.20__ in O.S. No. __ / 20__ is annexed herein and is marked as ANNEXURE – A)
BRIEF FACTS OF THE CASE
4. It is submitted that the original suit in this matter was filed by the Petitioners herein, in the public interest. The main concern in the suit and this appeal is the Suit Schedule Property which falls in the core of the Protected land in the Western Ghats and has been declared as reserve forest.
5. That the learned judge of the Trial Court framed the following five issues:
6. The Learned Trial Court Judge vide his judgment and decree dated ______________ answered the first question in the affirmative.
7. Aggrieved by the said judgment and decree and concerned by the continued illegal activities of the Respondent in constructing a hotel in the heart of a protected land, the Appellants have preferred this Appeal on the following grounds:
8. THAT the impugned order suffers from various other legal infirmities, and viewed from any angle, the impugned order is bad in law and facts and is liable to be quashed by this Hon'ble Court.
9. The Petitioner crave leave of this Hon'ble Court to raise any additional grounds as may be necessary at the time of considering the present Petition.
10. The Petitioner have not preferred any other Appeal on the same cause of action either before this Hon'ble Court or before any other Court of Law.
11. VALUATION: The suit in O.S. __/20__ was filed by way of Public
Litigation under Section __ of ____________ Court Fees and Suits Valuation Act, 1958. A court fee of Rs. __/- is paid by the Petitioners in this Revision Petition. The value of suit for purposes of Jurisdiction is Rs. ____________/-.
in this circumstances the appellants above named most humbly pray that this Hon'ble Court may pleased to: -
(a) Allow this Revision Petition and set aside the judgment and decree dated ____________ passed in O.S. No. __/ 20__ produced as ANNEXURE - A;
(b) Issue a
permanent injunction restraining the Respondent and his
agents and subordinates, from carrying out any construction in the Suit
Schedule Property and restoring the Suit Schedule Property as it stood
before the filing of the suit; and
(c) Award costs of the Appeal and pass
any other order that this Hon'ble
Court deems fit to be granted in the circumstances of the case in the interests of equity and justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVERY PRAY.
ADVOCATE FOR THE PETITIONER