IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14923 of 2008 Between: M/s. Sri Krishna Saw Mills, Tiruvuru Village & Mandal, Krishna District, rep. by its Proprietor Y.Venugopala Rao, S/o. Jaganmohan Rao R/o.Tiruvuru Village & Mandal, Krishna District. ..... PETITIONER AND 1 The Central Empowered Committee, rep. by its Chairman, Ministry of Environment & Forests, New Delhi. 2 The Special Secretary, Environment, Forests, Science & Technology Department, Government of A.P., Secretariat, Hyderabad. 3 The Divisional Forest Officer, Krishna Division, Vijayawada, Krishna District. .....RESPONDENT(S) 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the respondents to restore the Licence No.3/2003, dt. 19.1.2003 and renew the same to run the Saw Mill called "M/s. Sri Krishna Saw Mill", Tiruvuru Village & Mandal, Krishna District, without giving any eﬀect of the Proceedings of the 3rd respondent Rc.No.4311/2002/V6, dt. 28.2.2006 duly declaring the action of the respondents 1 and 2 in not passing any orders so-far to run the above Saw Mill by restoring the Licence in view of the 1st respondent's letter File No. 2-21/CEC/SC/2007-P1.II, dt. 16.1.2008, as arbitrary, illegal and contrary to law, and pass such other order or orders. Counsel for the Petitioner:MR.V.S.N.SARMA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14923 OF 2008 ORDER: 1. This writ petition has been ﬁled by M/s Sri Krishna Saw Mills, Tiruvuru village and Mandal with a prayer to issue a writ order or direction more particularly one in the nature of writ of mandamus directing the respondents to restore the License No. 3/2003, dated 19-1-2003 and renew the same without giving any eﬀect to the Proceedings of the 3rd respondent Rc.No. 4311/2002/V6, dt. 28-2-2006. 2. The petitioner is a proprietary concern and it runs a saw mill under the name and style as M/s Sri Krishna Saw Mill at the site bearing R.S.NO. 632/1 of Vuyyuru village and mandal, Krishna District. The petitioner obtained a saw mill license as per Rule 4(2) of the Andhra Pradesh Saw Mills (Regulation) 1969. (herein after referred to as ‘Rule’). 3rd respondent herein granted license and the same is valid upto 31-12-2005. While so, 3rd respondent issued proceedings No. 4311/2002/V6, dated 19-1-2003 proposing to cancel the said saw mill license in view of the order of the Supreme Court passed in W.P.No. 202 of 1995 dated 16-11-2002. Subsequently, ﬁnal orders came to be passed cancelling the license vide Proceedings NO. 4311/2002/V6, dated 28-2-2006. Assailing the said proceedings of the 3rd respondent the present writ petition is filed. 3. The 3rd respondent filed counter affidavit. Mohd. Thayya, Divisional Forest Oﬃcer has sworn to the counter aﬃdavit. It is stated in the counter aﬃdavit that the license issued to the petitioner Saw Mill was valid upto 31-12-2005. License of the petitioner and 19 others came to be cancelled in obedience of the order of the Supreme Court and as per the instructions of the Principal Chief Conservator of Forests. The petitioner has not submitted any application to the Central Empowered Committee which is constituted by the Supreme Court seeking permission for grant of fresh license. The central empowered committee has constituted State Level Committee to look into the grievances of the Saw Mills and wood based industries established after 30-10-2002. 4. Learned counsel for the petitioner submits that the cancellation of the license issued prior to the Supreme Court order is illegal and arbitrary. 5. Whereas it is contended by the learned Government Pleader for Forests appearing for the respondents that the very license period has been expired by 31-12-2005 and in case the petitioner intends to run the saw mill, he has to make a fresh application which will be examined keeping in view the guidelines issued by the Supreme Court of India in W.P.No. 202 of 1995. 6. Indisputably, the period for which license has been granted, expired by 31-12-2005. Therefore, the petitioner has to make a fresh application to the 3rd respondent seeking permission to run the saw mill in which case the said application is required to be considered in accordance with the guidelines issued by the Supreme Court of India in W.P.No.202 of 1995. 7. Accordingly, the writ petition is disposed of reserving the liberty to the petitioner to make a fresh application seeking license to run the Saw Mill. _____________________________ Justice B. Seshasayana Reddy 10th September, 2008. KM THE HONOURABLE SRI JUTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14923 OF 2008 10th September, 2008.