Writ petition by a company over mismatched log numbers in a 2014 red sanders e-auction purchase and a forest department demand notice. After court-directed talks, parties settled out of court; the writ petition was disposed of per the agreed terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 3096 OF 2023
Between:
M/S Patanjali Ayurved Ltd, (Through its Authorized Signatory- Shri Yaj Dev Arya) D-26, Pushpanjali Bijwasan Enclave, New Delhi-110061.
...Petitioner AND
...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to a)issue a writ, order or direction, more particularly a writ in the nature of Writ of Certiorari to set-aside the demand notice bearing Ref. No. 2337/2015/Prod.2dated13.12.2022 issued by the 3'^'^ Respondent i.e.. Principal Chief Conservator of Forests and Head of Forest Force (FAC), Forest Department, Government of Andhra Pradesh, b) to issue a writ, order or direction, more particularly a writ in the nature of Writ of Mandamus, directing the 6th Respondent to provide 1197 logs (Gr.weight 23.219 MTs) after matching the dimensions as per lot register of VEN E-9 attested by FRO, DRO and DFO on 17.11.2018 against the order dated 06.02.2019 passed by the 5*^ Respondent against quantity allotted to the Petitioner during the sale of red sender wood held in December, 2014 in Phase-1.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the impugned demand notice bearing Ref. No. 2337/2015/Prod.2 dated 13.12.2022 issued by the 3rd Respondent i.e. Principal Chief Conservator of Forests & Head of Forest Force (FAC), Forest Department, Government of Andhra Pradesh and direct the Respondent to maintain the status quo with respect to 1197 logs (Gr. weight 23.219 MTs)pending dispense main writ petition.
lA NO: 4 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue direction to issue an order or direction to the licensing authorities i.e., DGFT, CITES, NBA to modify their export obligations. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the documents namely necessary record of discussions of meeting with M/s Patanjalai Ayurved filed by the Petitioners as additional material papers in W.P.No. 3096/2023, in the interest of justice.
Counsel for the Petitioner: M/s PRIYADARSHI MANISH SR. COUNSEL FOR
SRI P N SUNIL KUMAR REDDY
Counsel for the Respondents: GP FOR GENERAL ADMINISTRATION
Counsel for the Respondents: SRI JOSYULA BHASKARA RAO, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondents: GP FOR FOREST
The Court made the following order:
THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION No.3096 of 2023
ORDER:-
This Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief:
“a) to issue a Writ, Order or direction, more particularli^a writ in the nature of Writ of Certiorari to set-aside the demand notice bearing Re.f No.2337/2015/Prod.2 datedl3.12.2022 issued by the 3’’’^ Respondent i.e.. Principal Chief Conservator of Forests and Head ofForest Force (FAC) Forest Department, Government of Andhra Pradesh;
b) to issue a writ, order or direction more particularly a writ in the nature of Writ of Mandamus, directing the 6'^ Respondent to provide 1197 logs (Gr. Weight 23.219MTs) after matching the dimensions as per lot register ofVENE- 9 attested by FRO, DRO and DFO on 17.11.2018 against the order dated 06.02.2019 passed by the 5'^ Respondent against quantity allotted to the Petitioner during the sale of red Sander wood held in December 2014 in Phase-1 ...”
- Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents.
- At the stage of admission, on 08.02.2023 this court passed the following interim order:-
“ Heard Sri Priyadarshi Manish, Learned Counsel for the Writ Petitioner and Sri C. Sumon, Learned Special Government Pleader. 2. The only controversy in the present case is that numbers engrossed on some of the logs purchased bythe Writ Petitioner in the e-auction in the year 2015 are not matching with the log numbers in the Log Register.
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- Learned Counsel for the Writ Petitioner submits that out of 706.844 Metric tonnes purchased in the e-auction,the Writ Petitioner was able to lift about 683.624 Metric tonnes for the purpose of export trade. He submits that since the numbers which are engrossed on the logs mismatchedwith the numbers in the Log Register, the Writ Petitioner apprehends that the moment the stocks (logs) are lifted,DRI may raise objections on account of this mismatch.
- Looking at the conspectus of the present case, this Court opines that the issue can be resolved by directingboth the parties to sit across the table and work-out a method in a manner that the Writ Petitioner would be able to freelydoits business with the logs (of Red Sanders). In view of the fact that the Writ Petitioner has parted with the entire sale proceeding in the year 2015, it would be the statutory obligation on the part of the Respondents to dispelallthe apprehensions raised by the Writ Petitioner to ensure that the Writ Petitioner is able to pursue his trade in terms of the merchandise already purchased.
- The Respondent No. 3 the Principal Chief Conservator of Forest, Guntur, is directed to oversee the matter and ensure that the needful is done as expeditiously as possible on or before 22.02.2023.
- When the matter is taken up today, Mr. Priyadarshi Manish, learned Senior Counsel appearing on behalfofthe petitioner submits that the matter has been settled out of the Court and he filed a copy of Record of Discussions of Meeting through LA. No.l of 2024, wherein it is stated that in pursuance of the orders of this court dated 08.02.2023, Sri Harish Baghel, authorized representative of the Petitioner Firm-M/s.Patanjali Ayurved Limited has sent an e-mail dated 11.12.2023, to discuss the matter with the Principal Chief Conservator of Forest (Head of Forest Force), A.P., who is the competent
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authority for settlement of the issue and cooperate for arriving at an amicable solution in the matter, as directed by this Court, On 14.12.2023 said Sri Harish Baghel, authorized representative of the Petitioner Firm-M/s.Patanjali Ayurved Limited attended the discussion in the Chamber of Principal Chief Conservator of Forest (Head of Forest Force), A.P., and the matter has been settled as per the following terms and conditions:-
- In view of the above settlement and* considering the submissions made by learned counsel for the petitioner,-the Writ Petition is disposed of, in terms of the above terms and conditions agreed upon by the parties, as per the Record of
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Discussions of Meeting held on 14.12.2023. There shall be no
order as to costs.
As a sequel, miscellaneous applications pending, if any, in
this writ petition shall also stand closed.
//TRUE COPY//
Sd/- N.NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER
To,
RAM
gl
HIGH COURT
DATED:08/01/2024
ORDER
WP.No.3096 of 2023
DISPOSING OF THE WP WITHOUT COSTS
1 issue framed by the court
Whether the demand notice issued by the Principal Chief Conservator of Forests should be set aside and the petitioner supplied the allotted red sanders logs despite log-number mismatch?
2 provisions across 2 enactments
M/s Patanjali Ayurved Ltd (through its Authorized Signatory Shri Yaj Dev Arya)
The State of Andhra Pradesh, represented by its Chief Secretary
The Principal Secretary to Government, EFS and T Department, Government of Andhra Pradesh
The Principal Chief Conservator of Forest (HoFF), Guntur, Andhra Pradesh
The Conservator of Forest, Guntur Circle, Guntur, Andhra Pradesh
The Chairman and Managing Director, Andhra Pradesh State Forest Development Corporation, Guntur, Andhra Pradesh
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
