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2005 Supreme(Ori) 760

A.K.PARICHHA, P.K.TRIPATHY
MAA DASABHUJA FURNITURE UNIT – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
P.K.Rout, S.K.SWAIN, S.R.SUBUDHI, Sarat Das

A. K. PARICHHA, J.

( 1 ) THE Office Order No. 9 dated 13-3-2002 (Annexure-3)passed by the Conservator of Forests, berhampur Circle rejecting the petitioner's appeal for Saw Mill licence is under challenge in this writ petition.

( 2 ) PETITIONER's Saw Mill was originally located at Andharua within Chandaka Wild life Forest Division under licence No. 1 of 1992-93 granted under Rule 5 of the Orissa forest Saw Pits and Saw Mill (Control) Rules 1980. The licence was renewed from time to time till 17-4-1995. Thereafter petitioner's application for further renewal of licence was rejected by the Divisional Forest Officer, chandaka Wild Life Division on 17-6-1995 on the ground that the Saw Mill is situated within 10 K. Ms. radial distance of Bharatpur reserve Forest of Chandaka-Damapara Wild life Sanctuary. Petitioner preferred appeal before the Conservator of Forests (Wild Life), but the same was rejected by Memo No. 2790 dated 3-5-1997. Petitioner then moved the conservator of Forests (Wild Life), bhubaneswar to allow her to shift the Saw mill and Furniture Unit to Mandarbasta and to grant a licence accordingly. The Conservator of Forests directed D. F. O. , Puri Division to allow petit






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