The court ruled that the petitioner must challenge the District Forest Officer's order regarding the saw mill's location through an appeal, as proper notice and natural justice had not been followed.

JUDGMENT :

B.S. BHANUMATHI, J.

1. This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of mandamus, declaring action of the respondent No.3 and his officials in threatening the petitioner to shift the existing petitioner saw mill to 5 kilometres away from the reserved forest area without issuing any notice, illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 19(1)(g) of the Constitution of India besides being contrary to the Andhra Pradesh Wood Based Industries (Establishment and Regulation) Rules, 2018 (in short, the ‘Rules, 2018’) and consequently direct the respondent No.3 not to threaten the petitioner to shift the saw mill.

2. The petitioner is a licenced saw mill. Originally established in the year 1982. Since then, the petitioner has been running the business and getting the licence renewed from time to time on payment of renewal fee, upto the year, 2025. As per Rule 6 (4) of the A.P. Saw Mills (Regulation) Rules, 1969 (in short the ‘Rules, 1969’) in the event of making application for renewal of licence, acknowledgment given to that effect shall be treated as licence. Though, the petitioner submitted applications, along with requisite amount of fee paid through challans, the authorities are not issuing the renewal licence, except on some occasions, but it is being treated as the licence of the petitioner renewed in view of the above said legal position. Subsequently, the Rules, 1969 have been superseded by the rules called “The Andhra Pradesh Wood Based Industries (Establishment and Regulation) Rules, 2018” published through G.O.Ms.No.48, dated 08.05.2018. As per Rule 4 (3) of the Rules, 2018, every proprietor of the existing wood based industry shall obtain a licence from the licencing authority within sixty days from the date of publication of these rules and any existing wood based industry should not be operated beyond sixty days from the date of publication of these rules without a valid licence under these rules. Rule 4 (4) of the Rules, 2018 deals with payment of fee. As per Rule 4(8) of the Rules, 2018, on receipt of an application, the licencing authority shall grant a licence / renewal in Form-II of these rules after obtaining prior approval of State Level Committee. In view of the Rules, 2018, the petitioner submitted an application, along with challan dated 25.06.2018 showing deposit of prescribed fee for grant of licence, under the Rules, 2018. Further, the petitioner deposited renewal fee along with a covering letter on 14.11.2018. Even thereafter, the petitioner has paid the renewal licence fee upto 2025. From the last week of October, 2025, the officials of the respondent No.3 have been insisting the petitioner to shift the saw mill to any place 5 kilometres away from the reserved forest area, though the petitioner brought to the notice of the authorities that the subject saw mill was established much prior to the commencement of the Rules, 2018 which made provision as an exception to the existing saw mills. Therefore, the action of the officials of the respondent No.3 is illegal. Hence, this petition is filed.

3. Ms.Baliboyina Sravani, the learned Assistant Government Pleader for Forests placed on record a copy of the written instructions of the District Forest Officer, Eluru vide Rc.No.7420/2009-E6, dated 04.01.2026 in which it is stated briefly as follows:

The licence granted in Form-II licence to the petitioner was valid up to 31.12.2014. The petitioner submitted application for a renewal of the licence for th