ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“To issue writ of mandamus declaring the action of Respondent Nos.2 to 4 in not issuing the permission for relocation of the petitioner’s saw mill and issue of licence despite issuing licences to even lapsed saw mills located within 5 km distance from nearest forest, as violative of Articles 14,19 and 301 of the Constitution of India and contrary to Andhra Pradesh Wood Based Industries (Establishment and Regulation) Rules, 2018 and direct the respondent authorities to permit to relocate, establish the saw mill at the new location i.e. at Sy.No.51/10 and 51/11 of Butchayyapeta Village and Mandal of Visakhapatnam District forthwith to grant saw mill licence at the new location enabling the petitioner and families dependent directly and indirectly on the functioning of the saw mill for earning their livelihoods.”

2. Learned counsel for the petitioner submits that, the petitioner is the owner of M/s. Sri Venkata Ganesh Saw Mill & Timber Depot at Butchayyapeta Village and Mandal, Anakapalli District, purchased the same from valid title holder M/s. Ganesh Plywood Industries, Old Gajuvaka, Visakhapatnam. The said sawmill was granted licence for carrying on its wood based business. The petitioner submitted an application to Respondent No.3 to accord permission for shifting and relocation of the said saw mill to his own land situated in Sy.Nos.51/10, 51/11 of Butchayyapeta Village and Mandal of Anakapalli District.

3. Learned counsel for the petitioner submits that Respondent Nos.3 & 4 are not processing the application of the petitioner for relocation of the petitioner‟s sawmill from Gajuvaka to Butchayyapeta on the ground that the proposed location of saw mill is situated within a distance of area of 9.00 kms of Gollapalem Reserve Forest, 7.00 kms of Pangidi Reserve Forest and within 1.97 kms from Kandipudi Compensatory Afforestration Land.

4. Learned counsel for the petitioner submits that, as per Rule 3(2) of The Andhra Pradesh Wood Based Industries (Establishment and Regulation) Rules, 2018 (for short „the Rules‟), restriction is imposed with respect to establishment of new sawmills within the radius of 5 kms from notified Reserved Forest Area, but not for the existing sawmills, more particularly, the sawmill which was sought to be relocated. Learned counsel would further submit that the restriction imposed under Rule 3(2) of the Rules is not at all applicable to the petitioner‟s sawmill, since the petitioner is seeking relocation of old saw-mill, but not for establishment of new saw-mill. He further submits that, as per the report submitted by Respondent No.4, the sawmill of the petitioner which is proposed to be relocated in Sy.Nos.51/10, 51/11 of Butchayyapeta Village and Mandal of Anakapalli District, is situated at a distance of 9.00 kms away from Gollapalem Reserve Forest, 7.00 kms away from Pangidi Reserve Forest as per the GPS readings. The report dated 27.12.2021 submitted to Respondent No.3 by Respondent No.4 further stated that, in any angle, the distance of the proposed sawmill area is beyond 5.00 km to the notified Reserve Forest area. In view of the said report and in view of the restriction imposed under Rule 3(2) of the Rules, the said restriction is only applicable with respect to the sawmills which are to be established afresh, but not to the existing or old sawmills like the petitioner, as such, the petitioner is entitled for relocation of the sawmill and Respondent No.3 shall forward the application of the petitioner to Respondent No.2 which is a licensing authority for grant of change of relocation in respect of existing sawmills. In support of this contention, learned counsel for the petitioner places reliance on the judgment of the Division Bench of the High Court of Judicature at Hyderabad in Divisional Forest Officer, Kaghaznagar and another vs. Sree Venkateswara Saw Mills, Kaghaznagar1 and pra