( 1 ) THIS is an appeal arising out of the judgment of a learned single Judge dated 29-10-1987. The learned single Judge dismissed the writ petition filed by the petitioner, wherein the petitioner prayed for a writ of mandamus or any other appropriate writ or direction to the Railway authorities and the Government of Andhra Pradesh represented by the Chief Conservator of Forests, to accept the consignment of Rosa Extract Perfume (otherwise as Rosa Oil) booked by the petitioner from Nampally Railway Parcel Office to the State of Maharashtra by exercising the authority vested in them instead of illegally refusing to accept the consignments referring to Circular No. CC-285-Dev-8-83-DRM s/c/bg/office, Secunderabad, dated 5-8-1983. The impugned circular reads as follows:--"south CENTRAL RAILWAYS, No. CC-285-Dev-8-83 DRM s/ C/ BG/ Office, SC. Date: 5-8-1983. Sub:-- Transportation of Rosa Oil. It is reported that Rosa Oil is being booked to various places like Bombay without valid permit issued by the Forest Department. The loading of Forest Products should be as per S. 77b of the Indian Railways Act (Second Schedule ). Please note and notify staff concerned accordingly and ensure that Rosa Oil is not accepted without valid permit from the Forest Department. Also issue instructions to the staff concerned to keep a careful watch against misdeclaration. Please acknowledge receipt of this letter. Sd. xxxxx For DRM/bg/sc. "

( 2 ) IN the writ petition we are only concerned with the authority to demand to produce valid permit being got issued from the Forest Department. We are not concerned here with the loading of forest products as per S. 77b of the Indian Railways Act. The only question is whether the permit is required from the Forest Department before the consignment of Rosa Oil before it is transported by the Railways.

( 3 ) THE petitioner is a firm dealing in perfumes and supply of concentrated perfume extract from flowers to various States. One such perfume is Rosa Extract Perfume which is mostly used in the manufacture of soaps, powders, etc. , apart from using it as a base in the preparation of various other perfumes. The Rosa Extract Perfume sealed in drums is packed in the baskets to be despatched from South Central Railway to various States all over India.

( 4 ) THE case of the petitioner is that on 1-1-1983 and 24-1-1983 Rosa Extract Perfume, packed in baskets, was booked by him for transportation to Dadar, Bombay V. T. and Byculla from Nampally Railway Station, Hyderabad.

( 5 ) THE Chief Parcel Supervisor, Nampally Station (the 3rd respondent) refused to receive the consignments for transportation and endorsed on the forwarding note that the R. P. P. Inspector, C. C. S. (Spl. Cell) S. C. instructed not to book without permit from Maharashtra Government. When the petitioner booked a fresh consignment of the same product on 22-8-1983, the 3rd respondent again refused the consignment and endorsed on the forwarding note that the consignment was refused as prohibited without the permit from the Forest Department. In support thereof he relied on the aforesaid circular dated 5-8-1983. The petitioner, therefore, filed the writ petition to challenge the illegal refusal of the 3rd respondent from accepting the consignment on the ground of want of permit for transportation from the Forest Department.

( 6 ) IT is also stated in the writ petition that as a matter of fact the Forest Department auctions the Rousa Grass every year and grants a permit to the contractors. The contractors in turn extract the oil from the Rousa Grass and the said oil is purchased by the petitioner in open market to sell the same without restriction either in this State or to transport it to other States. This business is going on for the last 30 to 40 years. It is submitted that neither the Andhra Pradesh Forest Act nor any other law in force prohibits the sale of Rosa Oil or its transport.

( 7 ) THE learned single Judge has referred to the provisions of the And

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