Telangana High Court
WP/36859/2024 of M/s Sri Durga Bhavani Saw Mill Vs The State of Telangana on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR . PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36859 OF 2024 Between: M/s Sri Durga Bhavani Saw Mill, Rep. by its
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR. PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 36859 OF 2024
Between:
M/s Sri Durga Bhavani Saw Mill, Rep. by its Prop. Jakala Ramesh, S/o. J.Lingaiah, aged 39 years, Sy No. 23, Myadlatty vifiage, Narketpaily, Ndlgonda.
...PETITIONER
ANO
1 . The State of Telangana, Rep. by its prl. Secretary Department ofEnvironmental, Forest, Science and- Technology, Secreiariat,' Hyderabad,Telangana.Environmental, Forest, Science and- Technology, Secreiariat,' Hyderabad,Telangana.
2. The Princip.al. Chief. Conservator of Forest, O/o. PCCF and HoFF, AranyaBhavan, Saifabad, Hyderabad,Telangana.Bhavan, Saifabad, Hyderabad,Telangana.
3. The Divisional Forest Officer, Nalgonda Division, Nalgonda, Telangana.
4. The Forest Range fficer, O/o. Forest Officer, Nalgonda, Telangana.
...RESPONDENTS
Petition under Article 226 ot lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue writ order or direction more particularly one in the nature of writ ofmandamus declaring the inaction of the Respondent No.3 without issuing thedepot license as illegal, arbitrary and against to the Article t9(t)(g) & 21 of theConstitution of lndia and subsequently direct respondent No.3 to issue depotlicense to the petitioner in the interest of ,ustice, lA NO: 1 OF 2024
Petition under Section 151 cpc praying that in the circumstances stated rnthe affidavit filed in support of the petition, the High court may be pleased to directthe Respondent No.3 to issue depot licence to the petitioner in the interest ofjustice.
Counsel for the Petitioner: SRI RAMESH BABU VISHWANATHULA
Counsel for the Respondents: AGp FOR FOREST
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C.V.BTIASKAR REDDY
WRIT PETITION No.36859 of 2024
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ORDER:
This Writ Petition, under Article 226 of the Constitutionof India, is filed seeking the following relief:
"...issue uit, order or direction more particularlg one in LtEnature of uit of mandanus declaing the inqction of therespond"ent No. 3 uithout issuing the depot License as llegalarbitrary aftd against to the Articles 19(1)(9) and 21 of theConstttution of India drld subsequentlV direct respondent No.3 toissue depot license to tLe petitioner in the intelest of justice . . . ["]
2. Considered the submissions of Sri Ramesh tsabuVishwanathula, learned counsel for the petitioner; learnedAssistant Government Pleader for Forest and with theirconsent this writ petition is disposed of at the admissionstage.
3. It is stated that the petitioner herein is a Sau'millestablished about 20 years back at Kattangur Village anclMandal, Nalgonda District and the proprieLor of thepetitioner-Sawmill obtained license under the provisions ofthe Telangana State Forest Act, 1967 (for short 'the Act') andthe Rules made thereunder for running the Saw-mill and thesame is valid up-to 31 .O3.2O25. It is further stated that the petitioner submitted an application, dated 04.11.2024 beforerespondent No.3 under Rule 3(2) of the Telangana StateForest Produce (Storage and Depot) Rules, 19g9 requesting toissue a common license for both the operation of sawmill anddepot license to enable it to deal with the trading on theforest produce.
4. Learned counsel for the petitioner vehementlycontended that even though the petitioner has submitted theapplication on 04 . I I .2024, the respondents have notconsidered the said application till date, for issualce of acommon license for both the operation of sawmill and depotlicense.
5. In vier.r' of the above, since it is stated that theresponclents have granted license to the petitioner which isvalid up-to 31.03.2025, this Court deems it appropriate rodispose of this u,rit petition directing the respondents toconsider the apptication. dared 04.11.2A24 submitted thepetitioner for issuance of a common license to operate timberstorage depot in the sau,mill premises. If the petitioner fulhlsall the necessary recluirements, the respondent-authorities are directed to issue license within a period of two (2) weeksfrom the date of receipt of a copy of this order.from the date of receipt of a copy of this order.
6. With the above observations, this writ petition isdisposed of. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed- Sd,. A. SRINIVASA [REDDY]TANT REGISTRAR,,TRUE COPY'/SECTION OFFICER
To,
1ThePrincipalsecretaryDepartmentof.Environmental'Forest'ScienceandTechnology, [Secretariat, ][Hyderabad' ][I ][elangana']Technology, [Secretariat, ][Hyderabad' ][I ][elangana']2The Princioal Chief [Conservator ][of ][Forest, ][O/o ][PCCF ][and HoFF' ][Aranya]bhavan, Siirauad, [Hyderabad, Telangana']bhavan, Siirauad, [Hyderabad, Telangana']
3TheDivisionalForestOfficer,NalgondaDivision,Nalgonda'Telangana'4The Forest [Range Officer, O/o. Forest Officer, Nalgonda' Telangana']5One CC to SRI [RAMESH BABU VISHWANATHULA, Advocate ][[OPUCI]6Two CCs to [GP ][for ][Forests, ][High ][Court ][for the ][State ][of ][Telangana ][at]Hyderabad. [OUT]4The Forest [Range Officer, O/o. Forest Officer, Nalgonda' Telangana']5One CC to SRI [RAMESH BABU VISHWANATHULA, Advocate ][[OPUCI]6Two CCs to [GP ][for ][Forests, ][High ][Court ][for the ][State ][of ][Telangana ][at]Hyderabad. [OUT]
7. Two CD CoPies
KKSMP
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HIGH COURT
DATED:31 11212024
ORDERWP.No.36859 of 2024
1H[E ][grfA][ r€i]tlo2 [B ][tEB ][2025]:'_t.t-**t'9- [DEspa'rc\r]
DISPOSING OF THE WRIT PETITIONWTHOUT COSTS
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