M/S. Goverdhana Chary Saw Mill And Timber Depot v. The Central Empowered Committee, Represented By Its

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1769 OF 2009 ORDER :

This writ petition is filed seeking writ of mandamus declaring the inaction of the 1st respondent in considering the application of the petitioner for permission to run his Saw Mill, as illegal and arbitrary and consequently direct the 1st respondent to grant renewal of licence to the petitioner's saw mill by considering his application in view of list sent by State Level Committee with the name of the petitioner mentioned at Sl.No.109 in the list of Saw Mills sanctioned after 30.10.2002. Heard learned counsel for the petitioner and learned Government Pleader for Forest.

This Court, by order dated 18.12.2009 passed interim order as follows:

"While admitting the writ petition, this Court passed an interim order, on 19.02.2009, directing the 1st respondent to consider the application of the petitioner and pass appropriate orders within four weeks from the date of order.

Though more than ten months have elapsed, nothing was done. The petitioner states that the licence was granted to them in the year 2003, it was renewed up to 2006 and renewal fee was being paid year after year, within the stipulated time. The A.P. Saw Mill (Regulation) Rules, 1969, enable the licensee to continue the operation, even if no orders are passed, in case the renewal fee is remitted within time.

There shall be interim direction as prayed for." Now learned Government Pleader for Forests states that the State Level Committee is yet to be constituted and it has to take decision in the matter and that assignment is entrusted to the State Level Committee.

By virtue of the interim order dated 18.12.2009 the petitioner is operating the Saw mill.

In view of above facts and circumstances, this writ petition is disposed of in terms of interim order dated 18.12.2009 and the said order shall continue till the State Level Committee considers the case of the petitioner along with others. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand dismissed.

____________________________ A.RAJASHEKER REDDY, J 05.01.2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1769 of 2009 Date: 06.01.2017 kvs