( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution against the rejection of the petitioner's application for registration of his saw mill under M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, (hereinafter referred to as the Adhiniyam ).

( 2 ) THE petitioner's case is that he owns a plot area 0. 133 hectare in Sayeed Ward, Katangi Road, Seoni and on 24-7-1980 he filed an application before the respondent No. 1 for installation of a saw mill on that plot. According to him, the site was duly inspected and recommended for sanction but the petitioner was surprised by letter dated 12-12-1980 of the respondent No. 1 that his application has been rejected without disclosing any reason and without hearing him. The petitioner approached the respondent No. 1 and pointed out that the refusal was unjustified and then he was advised by the respondent No. 1 that he should get the said plot diverted and should obtain necessary sanction from the Municipal Committee and also from the Town and Country Planning Authority for that purpose. He was also advised to install necessary machinery and electrical appliances and he deposited Rs. 200/- as registration fee for the year 1981. The petitioner duly complied with the advice and he got the plot diverted and obtained sanction from the Town and Country Planning Authority and the Municipal Committee also issued a no objection certificate. He installed the machinery and electrical appliances and obtained electric connection from the M. P. Electricity Board. Still the respondent No. 1 did not issue the registration certificate. He made a complaint to the Collector that respondent No. 1 had made demands from him which he could not comply. On 18-1-1982 the petitioner made further deposit of Rs. 200/-as registration fee for the year 1982. In the meanwhile, the appeal which the petitioner had preferred before Conservator of Forest was dismissed. The petitioner again approached the Conservator of Forest on 9-4-1982 for registration certificate for his saw mill. He was informed by the Conservator of Forest that the matter has been forwarded to the Chief Conservator of Forest for decision but or 7-10-1983 the petitioner was informed by the Conservator of Forest that his application has been rejected. According to the petitioner, there was restriction on installation of saw mills under Rule 27 of M. P. Transit (Forest Produce) Rules, 1961, framed under Indian Forest Act, 1927, but that restriction no longer remained after the enactment of this Adhiniyam whereby State monopoly has been created in respect of trade of certain forest produce. Under Section 22 of the Adhiniyam, nothing contained in the Indian forest Act or the Rules shall apply to specified forest produce in respect of matters for which provisions are contained in the Adhiniyam. However, under section 11 of the Adhiniyam registration of manufacturers, traders and consumers of specified forest produce is necessary. Under this Adhiniyam, M. P. Van Upaj (Vyapar Viniyaman) Kastha Niyam, 1973, has been framed. Rule 7 deals with registration of manufacturers, traders and consumers of specified timber. Against the rejection of an application for registration, appeal is provided to the Conservator of Forest. Rejection of the petitioner's application for registration of his saw mill is illegal and without jurisdiction because there is no need of prior sanction of the Forest Department for establishment of a saw mill and the M. P. Transit (Forest Produce) Rules have no application. Though registration certificate has been granted to other persons but the same has been refused to the petitioner on no justifiable ground and this violates Article 14 of the Constitution. Although the petitioner had obtained sanction of the Town and Country Planning Authority and also the Municipal Committee for establishment of the saw mill and on the assurance of the respondent No. 1 he had installed machineries and electrical appliances and