IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3358 of 2005 Between: Jaya Prakash Saw Mill, Rep. by its Proprietor B. /Narasimha Rao, s/o. Veera Raghavaiaha (Late), Aged about 63 Years, Male, Hindu,Polakampadu Village Undavalli Mandal, Guntur District. ..... PETITIONER AND The Divisional Forest Officer, Guntur District, Guntur. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by the respondent dated 22-1-2004 in No. Rc.No. 2070/2003/S 2 and Notice dated 10-9-2004 in Rc.No. 2070/2003/S 2 as illegal, arbitrary and contrary to Rule 6 (2) of A.P. Saw Mill (Regulations) Rules 1969 and set aside the same, consequently direct the Respondent to issue fresh licence in favour of the Petitioner and grant such other relief or reliefs as are deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:SRI KUNUKUDURGAPRASAD Counsel for the Respondents: GP FOR FORESTS The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3358 of 2005 ORDER: The petitioner is Proprietory concern represented by its Proprietor, Narasimha Rao. The petitioner obtained saw mill licence under the Andhra Pradesh Saw Mills (Regulation) Rules, 1969 (the Rules, for brevity). After expiry of licence by December 2001, he did not apply for renewal for the year 2002-2003. He approached the respondent seeking renewal of licence for 2003 by applying in January 2004. The same was rejected by the impugned order, which reads as under. PROCEEDINGS OF THE DIVISIONAL FOREST OFFICER:GUNTUR /PRESENT: SRI S.M.SELVA RAJ, IFS.,/ Rc.No.2070/2003/S2 Dated:22- 1-2004 Sub: Renewals – Renewal of licence for the year 2003 regarding. Ref: A/o.Sri B.Narasimaharao, Jayaprakash Saw Mill, Undavalli (M) Guntur. _ _ _ _ As seen from your application, you have not applied for renewal for the year 2002 and 2003 and requested now for renewal for the year 2003. As per the A.P.Saw Mill (Regulation) Rules, 1969, 6(2) if no renewal application is submitted to the licensing authority up to 1st December, a late fee of Rs.250/- shall be levied up to February succeeding year, irrespective of duration of delay, if renewal application is not submitted before end of the February, it will be deemed that the licence has lapsed. Hence your license for saw mill renewal is lapsed. In view of the above, the Security Deposits for Rs.2,000/- available in this office are thereby forfeited. Sd/-S.M.Selvaraj, Divisional Forest Officer, Guntur. The above order is assailed in the writ petition. Learned Counsel for the petitioner submits that the petitioner was suﬀering from Blood Pressure, Diabetes and Paralysis from 2001 onwards, and therefore, he could not make application within time. This submission cannot be accepted. Rule 6 of the Rules contains the procedure for renewal of licence. The same reads as under. 6.(1) The licensee should submit renewal application within one month prior to expiry of existing licence. (2) If no renewal application is submitted to the licensing authority upto 1st December, a late fee of Rs.250/- shall be levied upto February succeeding year, irrespective of duration of delay, if renewal application is not submitted before the end of February it will be deemed that the licence has lapse and the saw mill owner should apply for fresh licence. The security deposit available with the licensing authority shall stand forfeited. (3) When renewal application is made, the licence holder should furnish the timber accounts in the format prescribed in these rules for the entire licence period and if the accounts are not furnished, the renewal application shall not be considered by licensing authority. (4) When renewal application is submitted to licensing authority, and till renewed licence is received, the acknowledgement given by the licensing authority shall be treated as licence by inspecting officers. The licensee is required to submit application within one month prior to expiry of existing licence. If such renewal application could not be submitted, it can be submitted with a late fee of Rs.250/- before the end of February. Even then if no application is submitted for renewal, licence would lapse and the security deposit available with the licensing authority shall stand forfeited. In view of the clear Rule, the impugned order cannot be faulted. Furthermore, even according to the petitioner, his licence expired in 2001, and he did not apply for renewal immediately before one month or before February. He sent application in 2004, which is certainly barred under Rule 6(2) of the Rules. Therefore, the petitioner, if so advised, can make a fresh application, in which event, that has to be considered in accordance with the Rules in force including Rule 3 of the Rules, which prohibits grant of saw mill licence within a distance of 5 Kms from the boundary of forest. The Writ Petition for the above reasons cannot be accepted, and is therefore, dismissed. No costs. _____________ (V.V.S.RAO, J) 07.11.2008 vs To 1 The Divisional Forest Officer, Guntur District, Guntur. 2 2CCs to G.P for Forests, High Court of A.P, Hyderabad. 3 2CD copies Form-NIC-OGS/WP{SPJS}