ti//s Sri Venkateshwara Timer and Size Merchants v. State of Telangana

Petilion 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 issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.3 in dismissing the appeal in Proc.No.11312021-M1 dated 3110312022 as illegal, arbitrary, u nconstitutional, and violation of Articles 1a, 19(g) and 2'1 of the Constitution of lndia besides being in violation of the provisions of T.S. Transit Rules, '1970 and Telangana Woodbased lndustries (Regulations) Rules,2016 and consequently direct the 5th Respondent to reinstate the license and treat forfeited security deposit as business deposit, thereafter permitting petitioner to carry on with petitioner business as usual and subsequently. lA NO: 1 OF 2022 .Petitron under Section 151 CPC praying that in the circumstances st'ated in the affidavit filed in support of the petition, the High Qourt may be pleased To suspend the operatron of the appeal in Proc,No.113l2021-l\A1 dated 3110312022 ol the 3rd Respondent and subsequently allow the petitioner to carry his business operations pending disposal of this writ petition. Counsel for the Petitioner: SRI NAGESHWAR RAO PUJARI Counsel for the Respondents: GP FOR FORESTS The Court made the following: ORDER I\ HON'BLE MRS. JUSTICE SUREPALLI NANDA !1I8IT PETITION No.3O846 OF 2022 ORDER: Heard Sri Nageshwar Rao Pujari, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Forests, appearing on behalf of respondent Nos.1 to 7.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.3 in dismissing the appeal in Proc. No. 113/2021-M1, dated 3l/03/2022 as illegal, arbitrary, u nconstitutiona I and violation of Articles 14 19(g) and 21 of the Constitution of India besides being in violation of the provisions of T.S. Transit Rules 1970, and. Telangana Wood Based Industries (Regulations) Rules, 2016 and consequently direct the 5th Respondent to reinstate the license and treat forfeited security deposit as business deposit thereafter permitting the petitioner to carry on with petitioner business as usual and subsequently pass..."

3. The case of the petitioner, in brief, is that the petitioner is a Wood Based Industry running M/s. Venkateshwara Timber & 2 SN, ] wP 10846 2022 Size merchants and petitioner paid the requisite license fee from

01.04.2027 to 31.O3.2024 as per Telangana Wood Based Industries Rules, 2016. The petitioner entered into a lease agieement with one Bandi Vikram on 18.04.2019 to lease out Sri Venkateshwara Saw Mill, Kothagudem from 01.04.2019 to 3L.3.2022. 7th respondent called the said Bandi Vikram, lessee of Sri Venkateshwara Saw Mills and Sri Venkateshwara Timber and Size Merchants Kothagudem on 13.05.2021 for issuing permits to two consignments for transporting 44 imported teak saw' sizes admeasuring 0.812 cmt and 108 imported teak sizes admeasruing

0.710 cmt in auto bearing No. TS04 UB 7532 and accordingly issued the permit. It is further the case of the petitioner that the second party had rejected the teak sizes 108, admeasuring 0.710 cmt after the permit was issued and the same permit was given to the driver, the lessee had due to oversight error not collected the Form-II permit No.0419915/8399/21, dated 13.5.2021, and that the petitioner due to oversight had given both the permit copies to the vehicle driver of TS 04 UB 7532, and Respondent No.6 on 13.5.2021 intercepted TS 04 UB 7532 and seized the said vehicle for carrying teak timber lesser than the quantity mentioned in the permit. The vehicle driver of Ts 04 UB 7532 in hurry and confusion had provided two Form-II permits at the I l J SN, J wP 10846 2022 Forest Check post, Bhadrachalam leading to seizure of the vehicle for transporting lesser quantity of material than mentioned in the permit and the lessee had forgotten to take back the permit, No. 0419915/8399/2j,, dated t3.S.ZOZL from the driver of the veh icle.

4. It is also the case oF the petitioner that on 1g.5.2021 the 5th respondent inspected the premises of the petitioner saw miil and seized and measured the ground stock and found that some less quantity of round timer and saw sizes recorded in the saw mill register. The 5th respondent issued notice dated 29.5.202r in Rc.No. 548/2021/52 directing the lessee to submit his explanation. The lessee had submitted a detailed reply on 12.06.2021 and thereafter 6th respondent had seized illegal material in the house of one D. Ram. Babu who illegally stored timber No.14 admeasuring 0.13g Cmt worth Rs.17,138/_. Respondent No'5 0n o4.7.202r issued notice to the petitioner to appear before the enquiry officer on 8.7.2021 and the petitioner submitted detailed expranation. The 5th respondent without application of law under Telangana Forest Act, L967 and Telangana Wood Based Industries Regulations Rules, 2016 arbitrariry and iilegaily revoked the ricense of the petitioner and 4 t-j \ SN, J wP 30846 2022 confiscated forest produce together with whole plant, machinery implements and equipment. Aggrieved by the order of the 5th respondent the petitioner preferred appeal under Rule 12 of the Teiangana Wood Based Industries Regulations Rules, 2016 before the 3'd respondent on 3.8.2021 and also preferred appeal before the Appellate Authority challenging the order of the 5th respondent dated 12.07.2021 the respondent No.3 issued a notice dated 25.11.202t. Hence the petitioner filed the present writ petition to declare the action of the respondent No.3 in dismissing the appeal in Proc. No.113/2021-M1, dated 31.03.2022 as illegal, arbitrary, unconstitutional, and in violation of Articles 14, 19 (9) and 2t of Constitution of India and requested to allow the petitioner to carry his business operations pending disposal of the writ petition. PERU SED THE RE CORD

5. It is represented by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.1 to 7 that the subject issue is squarely covered by the order of this Court dated 22.07.2024 passed in W.P. No. 8606 of 2023 and hence the same relief as extended to the petitioner in W.P. No. I ) 5 SN, I wP 30E46 2022 8606 of 2023 dated 22.07.2024 may be extended to the present writ petitioner herein. 6 ned coun el f etition r suhmits that the Det tioner lsr eadv to comolv with the Rule 19(3) of Telanqana Wood Based Industries IClaatt tlirirr I rrlas 2022 whi h ar{ rc rr Aal.. n "In case of violation, where it is not proposed to either revoke the license or seize or confiscate the plant, machinery, tools etc., the licensing authority shall be competent to impose the penalty of a sum upto the available Security Deposit."

7. Learned Government Pleader for Forests submits that in case the petitioner is ready to comply with Rule 19 (3) of Telangana Wood Based Industries (Regulation) Rules, 2022 afresh, the.request of the petitioner can be considered however subject to the condition that the petitioner shall submit an affidavit/undertaking that he would not indulge in any other offences under Telangana Wood Based Industries (Regulation) Rules, 2022 and Telangana State Transit Rules 1970 in future and he should adhere to the said undertaking. \ \ 1 \ 6 SN, J wP 10846 2022

8. In view of the same, without expressing any opinion on the merits of the case, this writ petition is disposed of leaving it open to the respondents to consider the case of the petitioner and pass appropriate orders, in accordance with law, after giving fair opportunity of hearing within a period of (O3) weeks from the date of receipt of copy of this order, if the petitioner satisfies the conditions under Telangana Wood Based Industries (Regulation) Rules, 2022, Telangana State Transit Permit Rules, 197O and The Telangana Forest Act, L967 in the interest of protection of Forests. However, there shall be no order as to costs. The miscellaneous applications pending, if any, shall stand closed. SD/.K. SREE RAMA MURTHY //rRUE coPY// N ?t:"t REGISTRAR sEcIoN oFFrcER \)\r To, 1 The Principal Secretary, Environment, Forests, Sclente and Technology Department, BRKR Bh'avan, Tank Bund, State of Telangana, Hyderabad - 500029.

2. The Principal Chief Conservator of Forests, Head of the Forest Force (HoFF)' Telangana, Aranya Bhavan, Saifabad, Hyd_erabad _- 500004,

3. The Cinservatoiof Forests, Kothagudem Circle, Kothagudem, Bhadradri

4. The District Forest Officer, Bhadradri Kothagudem, Bhadradri Kothagudem Kothagudem Drstrict. District

5. The Forest Dtvisional Officer, Kothagudem, Bhadradri Kothagudem District. 6. The Forest Divisional officer, Bhadrachalam, Bhadradri Kothagudem District. 7. The Deputy Rar-rge Officer, Forest Department, Chatakonda. 8. One CC to' Sri Nigeshwar Rao Pujari, Advocate tOPUqj 9. Two CCs to GP for Forests, High Court for the State of Telangana, at Hyderabad IOUT]

10. Two CD Copies I]S vTJ HIGH COURT CC TODAY DATED:1 310212025 ORDER WP.No.30846 of 2022 ( q o ig STAr4: t 1$ APn ?[6 it

1.., t 5U$p^T ct\q,O DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( \q