IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14939 of 2008 Between: Raagi Veera Chary, S/o. Narsaiah, R/o. H.No. 3-27, Chowtigudem, Aswapuram (V) & (M), Khammam District. ..... PETITIONER AND 1 The Divisional Forest Officer, Paloncha, Paloncha Town, Khammam District. 2 The Forest Range Officer, Aswapuram, Khammam 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 issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the proceedings Rc.No. 3596/2006/P8, dt. 2-7-2008 and quash the same and pass Counsel for the Petitioner: MR.S.MADAN MOHAN RAO Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : O R D E R : This Writ Petition has been ﬁled by Raagi Veera Chary assailing the notice dated 2.7.2008 issued by 1st respondent- Divisional Forest Oﬃcer, Paloncha, whereby and where under the petitioner has been directed not to operate the timber depot. The petitioner was granted license for setting up a Forest Produced Storage Depot for manufacture of wooden furniture as per A.P. Forest Produce (Storage) Rules, 1989 for storage of 10 Cmt., of teak and non-teak sawn sizes in H.NO.3-27 under Licence No.4 of 2006. The said license granted by 1st respondent is valid upto 31.3.2009. The storage capacity was increased from 10 cmt to 20 cmt teak and non teak sizes as per revised proceedings in Rc.No.3596/2006/P8, dated 18.4.2007. A surprise check came to be conducted on the petitioner’s depot viz., Sri Dhana Laxmi Timber Depot and certain illicit machinery viz. minivertical band saw machine and duguda machine came to be seized under a cover of panchanama. The seized material was handed over to Deputy Range Oﬃcer, Aswapuram for safe custody. A crime was registered against the petitioner in POR.No.005134/103, dated 18-2-2008. Thereupon, the petitioner ﬁled W.P.No.8055 of 2008 assailing the action of the Divisional Forest Oﬃcer in seizing the material along with machinery, registers, cash books etc. The said writ petition came to be disposed of directing the Divisional Forest Oﬃcer, Vigilance, Hyderabad to pass appropriate orders as provided under section 44(2)(b) of A.P. Forest Act, 1967 within two months from the date of receipt of a copy of the order. While so, the 1st respondent under notice impugned in this writ petition directed the petitioner not to operate the timber depot. The text of the notice reads as under: “ Sri.R.Veera Chary, R/o Aswapuram (Chowtigudem) of Aswapuram Mandal proprietor of M/s Dhana Laxmi Timber Depot is hereby informed that the Divisional Forest Oﬃcer (Vig.II) Andhra Pradesh, Hyderabad has made surprise raid in the premises of storage depot on 18.2.2008 and 19.2.2008 and booked (2) oﬀence cases valuing Rs.523206/- for illegal possessing of teak timber of 12.3666 Cmt. and seized the records of the depot with tools. The ﬁles pertaining to Division Oﬃce was also taken away by the Divisional Forest Oﬃcer (Vig.II). In the copies of the Writ Petition ﬁled by you, the Hon’ble High Court in Writ Petition No.8055 of 2008 has given directions to dispose of the case within two months time to the 1st respondent i.e. Divisional Forest Officer (Vig.II) Andhra Pradesh, Hyderabad. Under the circumstances stated the permission to operate your timber depot cannot be permitted.” Hence, this writ petition with the prayer as stated supra. Notice before admission came to be ordered on 11.7.2008. The respondents have ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that the petitioner is involved in two forest oﬀences in respect of illicit forest produce worth Rs.5,23,206/- (12.3665 Cmt. of Teak Timber). It is further stated in the counter affidavit that the petitioner misutilized the transit permits. When this writ petition is taken up for admission hearing, with the consent of both the counsel the writ petition has been taken up for final disposal. Heard learned counsel appearing for the petitioner and learned Government Pleader for Forests appearing on behalf of respondents. Learned counsel appearing for the petitioner submits that under the notice impugned in this writ petition though the petitioner has been directed not to operate the timber depot, it amounts to keeping the license granted to the petitioner under suspension. He further submits that cancellation of the license is in contravention of the procedure laid down under Rule 11 of A.P. Forest Produce (Storage) Rules, 1989 and that since the said procedure is not followed the notice impugned in this writ petition directing the petitioner not to operate the timber depot is liable to be set aside. Learned Government Pleader for Forests submits that the petitioner is involved two forest oﬀences and the notice impugned in this writ petition came to be issued so as to prevent him from doing further offences. Though the purpose of the notice impugned in the writ petition is to prevent the petitioner from operating the timber depot, virtually it amounts to keeping the license granted to the petitioner under suspension. A procedure has been prescribed under Rule 11 of A.P. Forest Produce (Storage) Rules, 1989 with regard to cancellation of license on contravention of the provisions of the rules. When a separate procedure is prescribed for cancellation of license, the 1st respondent has to resort to it in case the license granted in favour of the petitioner is required to be cancelled. Since the notice issued to the petitioner is not in accordance with Rule 11 of A.P. Forest Produce (Storage) Rules, 1989, the same is set aside reserving the liberty to the 1st respondent to initiate proceedings under Rule 11 of A.P. Forest Produce (Storage) Rules, 1989 for cancellation of license of the petitioner. Accordingly, this writ petition is disposed of. No order as to costs. 4th September 2008. (B.Seshasayana Reddy,J) cc in three days. tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14939 OF 2008 4T H SEPTEMBER, 2008.