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1997 Supreme(AP) 82

K.B.SIDDAPPA, P.VENKATRAMA REDDY
Tuni Merchants Association – Appellant
Versus
Principal Chief Conservator of Forests, Hyderabad – Respondent


P. VENKATA RAMA REDDY, J.

( 1 ) THIS writ petition is filed by merchants of Tuni, East Godavari District, who deal in cashew-nuts. They question the action of the forest officials in insisting upon transport permits for movement of cashew-nuts purchased by the petitioners in the areas surrounding Narsipatnam, K. D. Peta, Anaka-palli and Bhimunipatnam. The petitioners allege that the 3rd respondent and his subordinates are not allowing the transport of cashew-nuts purchased by them from the ryots owning private lands and from market yards. However, as far as the movement from market yard is concerned, no specific relief has been sought for and no arguments have been addressed to us in this behalf.

( 2 ) IT is the contention of the petitioners that cashew or cashew-nuts are not forest produce within the meaning of S. 2 (ii) (g) of A. P. Forest Act unless the cashew-nuts are obtained from the cashew-trees grown in the forest area. Referring to sub-clause (2) of clause (g) which reads:

( 3 ) "the following when found in, or brought from a forest, that is to say - (i) trees, such leaves, flowers and fruits as may be prescribed and all other parts or produce not hereinbefore mentioned of








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