Dismissed

M/s. Kakatiya Sawmill Timber and Furniture Works (Sawmill)and Furniture Works v. The State of Telangana

Telangana HC2 Jul 2019WP/12427/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged a show cause notice issued by the Forest Range Officer for operating an unauthorized saw. The High Court held that the petitioner's license was valid only for a vertical saw and dismissed the petition.

What did the court decide?

The writ petition is dismissed. Miscellaneous applications are closed with no order as to costs.

M/s. Kakatiya Sawmill Timber and Furniture Works… — Company and Corporate | Telangana HC (2019)

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THE HON’BLE SRI JUSTICE P. NAVEEN RAO

W.P.No.12427 OF 2019

Date: 2.7.2019

Between:

M/s Kakatiya Sawmill Timber & Furniture Works (Sawmill), rep. by its Owner G.Subramanyam.

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.. Petitioner

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And

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State of Telangana, rep. by its Principal Secretary, Department of Environment, Forest, Science & Technology, Secretariat, Hyderabad and others.

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.. Respondents

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The Court made the following:

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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W.P.No.12427 OF 2019

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ORDER:

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Heard learned counsel for petitioners and learned Government Pleader for Respondents and perused the material on record.

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Petitioner Sawmill was established in the year 2002 by the father of deponent herein. After his demise, petitioner is continuing with sawmill operations. Petitioner was earlier granted licence for ‘Vertical Band Saw’ and was renewed from time to time till 31.3.2019. Though the petitioner was granted licence for running only ‘vertical band saw’, it is running ‘additional horizontal saw’, therefore, the 4^th respondent-Forest Range Officer issued show cause notice dated 4.11.2016. Questioning the same, the present writ petition is filed.

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According to the learned counsel for petitioner, petitioner was granted permission for installing one horizontal saw band vide orders of the Government dated 19.4.2011, which is being renewed from time to time till 31.3.2019.

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A perusal of the record would show that the petitioner was granted licence bearing No.140 dated 31.5.2011, permitting to install one Band Saw Vertical and one Band Saw Horizontal, which is valid only upto 31.12.2011 and thereafter it was renewed and the petitioner was permitted to run the same till 31.12.2014 and thereafter petitioner was not permitted to run ‘One Band Saw Horizontal’. A reading of licence No.140, which is filed as material papers, would makes it clear that the said licence was renewed till 31.3.2019 only in respect of ‘One Band Saw Vertical”.

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In view of the same, impugned show cause notice dated 4.11.2016 does not call for any interference by this Court under Article 226 of the Constitution of India. The writ petition is devoid of merit and liable to be dismissed.

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Accordingly, the writ petition is dismissed. However, this order does not come in the way of petitioner to make renewal application for running both ‘Band Saw Vertical’ and ‘Band Saw Horizontal’. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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Date: 2.7.2019 DA

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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W.P.No.12427 OF 2019
2.7.2019

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M/s. Kakatiya Sawmill Timber and Furniture Works (Sawmill)and Furniture Works v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s. Kakatiya Sawmill Timber and Furniture Works (Sawmill)and Furniture Works v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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