Mohammed Abdul Majeed v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the'affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction holding the inaction of the Respondent No.4 in granting the new license for mini timber depot in petitioner favour ln respect of the premises bearing No.3-2-22418, Guntur Colony, R.B. Road. Sirsilk, Kagaznagar, Kumurambheem Asifabad District and not disposing of petitioner representation daled 04-O1-2024 by the Respondent No.4 is illegal, arbitrary, malicious, politically motivated, against the principles of natural justice and fair play, against the provisions of Forests Acts, besides violative of Articles 14, 19 and 21 of the Constitution of lndia and may be pleased to direct the Respondent No.4 to grant the new license for mini timber depot in my favour in respect of the premises bearing No.3- 2-22418, Guntur Colony. R.B. Road, Sirsilk. I Kagaznagar. Kumurambheem Asifabad District by considering my representation dated 04-01-2024 ' lA NO: 1 OF 2024 Petition under Section i s-l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.4 to grant the new license for mini timber depot in my favour in respect of the premises bearing No.3-2-2z4lB, Guntur colony, R.B. Road, sirsilk. Kagaznagar, Kumurambheem Asifabad District by considering my representation daled 04-01-2024. Counsel for the Petitioner: SRI MD AJMAL AHMED Counsel forthe Respondents: Gp FOR FORESTS The Court made the following: ORDER - ORDER: HON,BLE MRS. JUSTICE SUREPALLI NANDA w N 0 Heard Sri Md.Ajmal Ahmed' learned counsel appearing on behalf of the petitioner and the learned GovernmentPleaderforForest,appearingonbehalfofthe respondents. o r

2. e as under: k a r "...to pass an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction holdlng the inaction of the Respondent No.4 in granting the new license for mini timber depot in petitioner favour in respect of the premises bearing No.3-2-224/8, Guntur Colony' R.B.Road, Sirsilk, District and not Kumurambheem, Asifabad Kagaznagar, petitioner representation dated 04'01'2024 by disposing of the ResPondent No 4 is illegal' maliciou s, of natural politically motivated, against the justice and fair play, against the provisions of Forests Acts besides violative of Articles L4 ' 19 and 2t of the Constitutionoflndiaandmaybepleasedtodirectthe Respondent No.4 to grant the new license for mini timber respect of the Premises bearing depot in mY favour in Colony, R.B. Road, Sirsilk, No.3-2-224/8. Guntur arbitrarY, princiPles 2 f SN, W.P.No.2493 of 2024 Kagaznagar, Kumurarnbheem, Asifabad District by considering my representation dated 04.01.2024 and to Pass such other or furfl deems r* and proper ," ;::,:ff:l;:"*;:".:::".:.," 3 The case of the petitioner in brief is that, the petitioner eased a mulgi vide decided to establish a mini timber depot and I Municipal No.3_2_224/8, Guntur Colony, Kagaznagar on 24.06.2023. The petitioner established a proprietary firm, "Mohammed Abdul Majeed,,, and registered it under the GST with the Government of India on 27.06.2023. SubsequenUy, the petitioner submitted an application to Respondent No.4 27.07.2023, requesting to grant a new license for the timber depot. Despite complying with all formalities, application of the petitioner has been kept pending. The petitioner submitted a representation to the Minister of Forests on 10.08.2023, and another representation to Respondent No.4 on 04.0L.2024 reguesting the respondent No.4 for sanction of new license for mini timber depot in respect of the petitioner premises bearing No.3_2_224/8, Guntur Cotony, R.B.Road, Sirsilk, Kagaznagar, Kumurambheem, Asifabad District for the purpose of running the wood based Mini Timber Depot using wood based products obtained from legitimate sources. Though -ry 1 sN,l W.P.No.2493 of 2024 the representation of the petitioner had been received by the officeoftheForestDiVisionalofficer,KagaznagarDivision, Komurambheem, Asifabad District on 04'Ol'2024 itself' yet' no actlon has been initiated on the representation of the petitioner' Aggrieved by the same, the petitioner filed the present writ petition.

4. Learned Assistant Government Pleader for Forest appearing on behalf of the respondents submits that the writ petition could be disposed of directing the respondent No'4 to consider the grievance of the petitioner as put-forth vide petitioner's representation dated 04.Ol'2024 addressed to the respondent No.4 herein and pass appropriate orders in accordance to law on petitioner's application dated 27'07'2O23' within a reasonable Period ' t n a) The aforesaid facts and circumstances of the case' b) The submissions put-forth by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forest appearing on behalf of the respondents, 4 SN, W.P.No.2493 ol 2024 c.) The contents of the representation of the petitioner dated 04.O1 .2024, d,l The fact that no orders have been passed on the application of the petitioner dated 27.O7.2O23 as on date by the 4th respondent. The writ petition is disposed of directing the responclent No.4 to consider the grievance of the petitioner as put-forth vide petitioner,s representation dated 04,O!.2024 and pass appropriate orders on petitioner's application dated 27.O7.2O23 seeking to grant a new license for the mini timber depot located at petitioner's premises at Kagaznagar for tfie purpose of running the wood based mini Timber Depot using wood based products from legitimate sources, in accordance to law within a period of three (O3) weeks from the date of receipt of the copy of this order and dury communicate the decision to the petitioner. However, there shall be no order as to costs. I I To 5 "f ;!; As a sequel, the miscellaneous petitions , if any, pending in w.P.No.24e3 the Writ petition shall also stand closed. //TRUE COPY// SD/.N. SRIHARI ASSISTANT REGISTRAR N OFFICER Hyderabad. Department. Dr. B.R. Ambedkar Secretariat, Hyderabad, State of Telanlana

1. The Principal Sec,retary, Environment, Forests, Science and Technology 2. The Principal Chief Conservator of Forests (HoFF), Telangana, Saifabail. 3. The District Forest Officer, Komurambheem Asifabad District at Asifabad. 4. The Divisional Forest Officer, Kagaznagar Division at Asifabad. 5. One CC to SRI MD AJMAL AHMED, Advocate [OPUC] 6. Two CCs to GP FOR FORESTS, High Court for the State of Telangana, at Hyderabad. [OUTI Two CD Copies 7 PSK. BS (AV t-.\. _ iri r(. i:. (,.: :\ $( z o r\ 20Fie2m () rrl\l-CHEC .+ '/'i HIGH COURT DATED:29 rc1nO2S ORDER WP.No.2493 of 2024 --) .J ',, \ DISPOSING OF THE WRIT PET]TION WITHOUT COSTS cH{L 2-) ,J.d