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2023 Supreme(Telangana) 185

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J.
M/s. Sri. Pulaji Industries - Petitioner
Versus
The State of Telangana rep. by Secretary to Environmental Forest, Science and Technology Department & Others. - Respondents
Writ Petition No.2626 Of 2022
Decided On : 28-02-2023

Advocates Appeared:
For the Petitioners: Smt K. Pallavi.

Headnote:

A.P. Forest-Act - Sections 59 and 59(2)(iii) - Revoking the License of the petitioner - Payment of compensation - Petitioner had obtained license in year Industries and the said license was valid same was renewed from time to time till - Respondent No.5 had issued revised license by modifying the license - According to said revised license the petitioner has to run and operate only Industries and permission initially granted to the petitioner to run and operate Furniture Wood Workshop has been withdrawn - Held, Respondent No.4 compounded offence and passed imposing fine of an amount directing petitioner to pay the said amount. Pursuant to same petitioner paid amount - Even after payment of penalty, respondent without renewing license - writ petition is allowed

ORDER :

1. The petitioner filed this writ petition for the following relief:

    “to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 herein in passing the impugned order vide Rc.No. 1164/1995-K7 dated 20.11.2021 in revoking the License of the petitioner vide License RC.No.1164/N5 i.e., Licence No.03/2016-17 by name M/s. Pulaji Industries Wooden Depot Cum Furniture Workshop, situated at H.No.6-34/5 and 6-36/A, Padmavathi Nagar Village and Mandal Khanapur, Adilabad District, though the alleged offence is already compounded by the respondent authorities and even compounding fee of Rs 65,166/ is duly paid vide Challan dated 07.07.2021 as illegal, arbitrary, amounts to double jeopardy and opposed to the established principles of Law and consequently set aside the Impugned Order dated 20.11.2021 by renewing the Licence of the petitioner immediately forth with….”

Heard Smt. K. Pallavi, learned counsel for the petitioner, learned Assistant Government Pleader for Forests appearing on behalf of respondent Nos.1 to 5. With the consent of the respective parties the matter is disposed of at the stage of admission.

2. Brief facts of the case are as follows:

The petitioner had obtained license in the year 1996 to run M/s Pulaji Industries and the said license was valid up to 31.03.2010 and the same was renewed from time to time till 2015. In the year 2015, respondent No.5 had issued revised license by modifying the license. According to the said revised license the petitioner has to run and operate only M/s. Pulaji Industries and the permission initially granted to the petitioner to run and operate Furniture Wood Workshop has been withdrawn. Questioning the same, the petitioner filed W.P.No.41647 of 2015 before this Court and this Court granted interim direction in W.P.M.P.No.53751 of 2015 on 22.12.2015 permitting the petitioner to continue wood workshop activity in the same premises where the petitioner is running Forest Produce Depot, for which the petitioner was already granted license, pending further orders subject to the petitioner maintaining accounts in form 3(A) and 3(B) under Rule 8 of AP/Telangana Forest Produce(Storage and Depot) Rules 1989(for short ‘Rules’). Thereafter, license of the petitioner was renewed regularly till 2019. The petitioner has made an application for renewal of license for the year 2020 by paying Challan on 02.01.2020 and by enclosing requisite documents on 25.04.2020. Subsequently, he made representations dated 06.08.2020, 15.10.2020, 21.10.2020 requesting renewal of license and there was no response from the respondents.

3. On 01.08.2020, respondent No.5 issued a show cause notice vide Rc.No.Timber Depots/2020-21/(FRO(K)), stating that, the Deputy Range Officer, Khanapur has found deviation in quantity of timber in excess 179 Nos./0.441 Cmt, on the actual balance quantity of timber available in the Timber Depot. On 08.01.2021 the petitioner submitted explanation to the said show cause notice. He further submits that on the same date respondent No.4 has issued proceedings alleging that the offence is compounded with the consent of the petitioner upon payment of compensation though the petitioner has not admitted the alleged offence and the petitioner has filed appeal before respondent No.3 questioning the confiscation order dated 08.01.2021 passed by respondent No.4.

4. During the pendency of the appeal before respondent No.3, petitioner approached this Court and filed W.P.No.8803 of 2021 questioning the action of respondents in not renewing his license. This Court has disposed of the writ petition on 03.06.2021 directing the respondent authorities to consider the applications of the petitioner dated 06.08.2020, 15.10.2020, 21.10.2020 for renewal of timber license for his Pulaji Industries Wooden Depot-cum-Furniture Workshop, in accordance with law, provided the application is enclosed with all the relevant documents, preferably withi

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