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2014 Supreme(All) 1871

TARUN AGARWALA, RAJAN ROY
SINGH TIMBER TRADER – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Bharatji Agarwal, Rahul Agarwal, Ravi Kiran Jain, Vinod Kumar Agarwal, Ansul Kumar Singhal, Udit Chandra and K.K. Mani for the Petitioners; Ram Krishna and Ravi Shanker Prasad for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—In this group of petitions, the petitioners are engaged in the manufacture of plywood and veneer and have prayed for the quashing of the notification dated 20th October, 2010 by which Rule 11 of “The U.P. Establishment and Regulation of Saw Mills Rules, 1978” (hereinafter referred to as the Rules of 1978) have been substituted by “The U.P. Establishment and Regulation of Saw Mills (Fourth Amendment) Rules, 2010” (hereinafter referred to as the Fourth Amendment), The petitioners have further prayed for a writ of mandamus commanding the respondents to renew their licence at the rates applicable prior to 20th October, 2010. By the said amendment, the licence fee has been enhanced 15 times from Rs. 5,000/- per year to Rs. 75,000/- per year per 25 HP. For facility, Writ Petition No. 72465 of 2011, M/s Singh Timber Traders and others v. State of U.P. Through its Secretary, Forest, Lucknow and others have been made the leading case and, for facility, the facts in this petition is being taken into consideration.

2. The petitioners are manufactures of plywood and veneer for which the basic raw material is wood. The petitioners contend that they are mostly














































































































































































































































































































































































































































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