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2012 Supreme(AP) 552

NOUSHAD ALI
Ch. Muthaiah – Appellant
Versus
Divisional Forest Officer – Respondent


Advocates Appeared:
For the Appellant:P. Veera Reddy, Advocate.
For the Respondents: G.P. for Forests.

Judgment :-

This writ petition is filed assailing the orders in Rc.No.2124/S2/94, dated 25.7.2001 passed by the 1st respondent-Divisional Forest Officer, Khammam Division, cancelling the Saw Mill licence of the petitioner, confirmed by the 2nd respondent-Conservator of Forest, Khammam Circle, Khammam vide proceedings Rc.No.4503/02/M3, dated 18.3.2003, as arbitrary and illegal.

2. The petitioner is the proprietor of Sri Venkateswara Saw Mill, Pallegudem Village, Khammam Rural Mandal and District. He was granted licence bearing No.25/99 under the Andhra Pradesh Saw Mill (Regulation) Rules, 1969 (for brevity “the Rules”). The said licence was being renewed from time to time and was valid upto 31.12.2001 at the relevant point of time. During the surprise inspection of the mill on 3.5.2001, the Divisional Forest Officer (Vigilance), Hyderabad found timber illegally stored in the mill and thereby committed forest offence, violating Rules 3 and 4 of the Andhra Pradesh Forest produce Transit Rules, 1970. On the aforesaid allegation, the petitioner was given a show cause notice proposing to cancel the licence. The petitioner submitted his explanation on 18.7.2001 denying the said allegation.


















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