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2008 Supreme(All) 2113

ASHOK BHUSHAN, A.P.SAHI
JAGDISH NARAIN COAL DEPOT, ALLAPUR, ALLAHABAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Neeraj Pandey for the Petitioners; S.C. for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for the petitioners and learned Standing Counsel.

2. Prayer made in the writ petition is for quashing the order dated 9.8.2004 (Annexure-4 to the writ petition), whereby the petitioners have been called upon to get themselves registered in the circle through which they are entering from another State.

3. The impugned order clearly recites that whenever such transit of goods is made, it is necessary to get it registered in the circle through which the goods are seeking entry as per Rule 21 of the U.P. Transit of Timber and Forest Produce Rules, 1978.

4. Learned counsel for the petitioners contends that the impugned order is erroneous inasmuch as the petitioners have already been issued a certificate which is valid throughout the State of U.P. a copy of said certificate has been filed as Annexure-1 to the writ petition.

5. Having heard learned counsel for the parties and perused the aforesaid document, we find that Rule 21 clearly specifies that such foreign pass must be in a form which has to be registered in the office of the Conservator of Forest of the Circle into which it is sought to import forest produce. The certificate which is relied




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