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1997 Supreme(Pat) 594

NAGENDRA RAI, M.Y.EQBAL
Ranchi Timber Traders Association – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA RAI, J.

1. The petitioners have filed the writ application for quashing the notification of the State Government dated 9-10-1996, a copy of which has been annexed As Annexure-4 to the writ application, by which sub-rule 3 of Rule 3 of the Bihar Timber and other Forest Produce Transit Rules, 1973 (hereinafter referred to as the Transit Rules) has been deleted wherein exemption with regard to 10 varieties of timber from operation of Transit Rules was given and for a direction restraining the respondents from acting pursuant to and in furtherance of the Transit Rules against the petitioner No. 1 and the members of the petitioner No. 1 and also to restrain them from enforcing direction contained in letter dated 18-10-96 issued by the Range Officer Timber Depots Range Ranchi (respondent No. 5). Subsequently, by an amendment petition filed on 21-11-1996 they have challenged the vires of the Transit Rules aned also sought for declaration that the Transit Rules has been impliedly repealed pursuant to enactment of the Bihar Saw Mills (Regulation) Act, 1990.

2. The petitioner No. 1 is a Society registered under the Societies Registration Act and is an Association of Timber T






































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