Disposed

M/s. Bhawani Wood Based Industry v. The State of Telangana

Telangana HC16 Aug 2019WP/17540/2019

Case brief

AI extract

What is this about?

The petitioner, a wood-based industry, sought permission to install a horizontal band saw despite having only one vertical band saw licensed. Relying on a precedent where the Court required specific permission for machine additions under the license, this Court disposed of both petitions by directing the authorities to consider the petitions within twelve weeks.

What did the court decide?

Petitions disposed of; liberty granted to make application for addition of horizontal band saw to be considered by authorities within 12 weeks.

M/s. Bhawani Wood Based Industry Vs The State of… — Service and Employment | Telangana HC (2019)

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THE HON’ BLE SRI JUSTI CE CHALLA KODANDA RAM

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WRI T PETI TI ON Nos.17401 and 17540 of 2019

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COMMON ORDER:

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Since the subject matter and also the relief sought for in these writ petitions is one and the same, they are being disposed of by this common order.

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The petitioners are Wood-based industries. They were given license to use Band Saw Vertical equipment in their unit, however, as the petitioners found it difficult to run their unit with only Vertical Band Saw, they made an application to the 3^rd respondent to consider inclusion of Horizontal Band Saw in the license. As no orders were passed by the 3^rd respondent by considering their applications, they filed these writ petitions.

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At the hearing, learned counsel for the petitioner, and also the learned Government Pleader for Forests, submit that the subject matter of these writ petitions is squarely covered by the order passed by this Court in W.P.No.17224 of 2019, dated 13.08.2019, and therefore similar orders may be passed in these writ petitions also.

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This Court, by order dated 13.08.2019 disposed of the W.P.No.17224 of 2019

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by observing as under:

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“ 5. Having regard to the respective submissions, this Court, prima facie, agrees w ith the contention of the learned Government Pleader that the very fact that the specification in the licence as to installation of only one vertical band saw itself is a communication that permission is required to add horizontal band saw . The very averments of licence in Clause 3 read as under:

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3. The licensee is permitted to run the follow ing machinery and equipment.

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S.No.	Name of the machinery	Capacity (H.P)
1.	One Vertical Band Saw 1 No.	15

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The aforesaid clause w ould make it clear that specific permission is required for adding a particular machine. There being no challenge to the regulations, in the facts of the present case, the

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petitioner is given liberty to make an application in terms of the rules seeking addition of ‘horizontal band saw ’ w hich shall be considered by the authorities concerned, in accordance w ith law , w ithin a period of tw elve (12) w eeks from the date of receipt of a copy of this order.”

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Accordingly, the writ petitions are disposed of in terms of the order passed in W.P.No.17224 of 2019, dated 13.08.2014. No costs. Miscellaneous petitions, if any pending, shall stand closed.

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_____________________ CHALLA KODANDA RAM, J

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16^th August, 2019

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KSM

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THE HON’ BLE SRI JUSTI CE CHALLA KODANDA RAM

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WRI T PETI TI ON Nos.17401 and 17540 of 2019

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16^th August, 2019

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KSM

M/s. Bhawani Wood Based Industry v. The State of Telangana

Case brief

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What did the court decide?

M/s. Bhawani Wood Based Industry v. The State of Telangana

Case brief

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