THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26722 of 2009 Date:08.12.2009 Between: S. Abhimanya Raju and others. ..Petitioners and The Government of Andhra Pradesh and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26722 of 2009 ORDER: The petitioners were granted saw mill licences at different points of time and they are renewed year after year. In addition to running the saw mills covered by the licences, the petitioners are also operating other instruments and devices such as peeling machines, veneer machines etc. The Divisional Forest Officer, Eluru/fourth respondent herein issued notices dated 17.11.2009 to the petitioners inviting their attention to Rule 2(b)of the Andhra Pradesh Saw Mill Rules, 1969 (‘the Rules’ for short) and directing that except those specifically permitted, the petitioners shall not be entitled to operate other devices or contrivances. The petitioners feel aggrieved by the said notices. Heard the learned counsel for the petitioners and the learned Government Pleader for Forests. The petitioners no doubt hold licences for saw mill and they are entitled to run the same on the strength of such licences. It appears that they have treated the peeling, veneer and other such machinery as incidental to saw mills and were operating the same without obtaining any specific licences. However, from a perusal of Rule 2 of the Rules, it becomes clear that any device or mechanical contrivance not only for sawing but also for cutting or conversion of timber into other product needs a licence. Exception is only where the contrivance is operated solely through manpower. It is not in dispute that the veneer machines and other devices operated by the petitioners are mechanically driven. Therefore, they need licence. The complaint of the petitioners is that the respondents are threatening to stop the functioning of their saw mills on the pretext that the licence for other devices are not obtained, and that it cannot be permitted. Hence, the Writ Petition is disposed of directing that the petitioners shall be entitled to run the saw mills for which there exist valid licences. However, they shall not be entitled to run and use peeling, veneer and plywood machines unless specific licences for them are obtained. In case the petitioners submit applications for licences in respect of such machines, the respondents shall dispose of the same within a period of four weeks from the date of submission of such applications. There shall be no order as to costs. _________________________ L. NARASIMHA REDDY, J 08th December, 2009 GHN