IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9425 of 2008 Between: The Manipur State Handloom Weaver Co-operative Society Ltd., Imphal, Rep. by its Authorized Representative, Sri. K.Chandrasekhar Reddy. ..... PETITIONER AND 1 The Govt. of A.P., Rep. by its Principal Secretary to Govt., Environment Forest Science & Technology ( For.III) Department, Secreatariat Buildings, Hyd. 2 The Principal Chief Conservator of Forest, Aranya Bhavan, Saifabad, hyd. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the Respondents in issuing Ref.No.20110/07/V2, dated 30.08.2007 issued by the Principal Chief Conservator of Forest, Aranya bhavan, Saifabad, Hyderabad refuisng permission for restoring the G.O.Rt.No.24, dated 09.02.2004 as arbitrary, illegal, unjust, contrary to law in violative of Fundamental Rights guaranteed to the Petitioner under Article 14 and 19 of the Constitution of India and consequential direction to the Respondents to reconsider the application of the Petitioner for restoring the allotment of the balance 68 MTs of Non-Grade Red Sanderss Wood in the interest of Justice and pass such other orders. Counsel for the Petitioner:MR.MILIND G GOKHALE Counsel for the Respondents.: GP FOR FORESTS The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 9425 of 2008 Order: The petitioner is a Government of Manipur Organization and it undertakes handloom and handicraft activities. The Red Sanders is one of the raw-materials utilized by the petitioner for manufacture of various items. Since that wood is available only in the State of Andhra Pradesh, it approached the 1st respondent with a request to allot 100 Metric Tonnes of Non-Grade Red Sanders wood. On a consideration of the application made by the petitioner, the 1st respondent issued G.O. Ms. No.24, Environment, Forests, Science & Technology (For.III) Department, dated 9.2.2004, permitting the petitioner to purchase 100 Metric Tonnes of Non-Grade Red Sanders wood at Rs. 24,000/- per Metric Tonne. One month time was stipulated for lifting the material. The petitioner states that it was able to lift only 32 Metric Tonnes within the stipulated time and could not lift the balance on account of financial hardship. Its grievance is that in spite of repeated requests, the respondents have not extended the time enabling the petitioner to lift the balance quantity. It is submitted that the 1st respondent extended the time in case of one Mr. N.C. Jain. With this factual background, the petitioner seeks extension of time for lifting the material. The respondents filed a counter affidavit admitting the factum of issuing G.O. Ms. No.24, dated 9.2.2004. It is stated that the petitioner failed to lift the permitted stock within the stipulated time. According to them, the case of Mr. N.C. Jain stands on a different footing. Heard Sri L. Ravi Chander, learned counsel for the petitioner and the learned Government Pleader for Forests. Red Sanders is a rare variety of wood, which is grown in certain pockets of the State of Andhra Pradesh. Having regard to its limited availability and precious nature, the growth, purchase and movement thereof, is highly restricted. It is only under the specific orders to be passed by the State Government, one can purchase or lift the Red Sanders. The petitioner needs Red Sanders for manufacturing various categories of items as a part of its activity. On being satisfied with the application being made by the petitioner, the 1st respondent issued G.O. Ms. No.24, dated 9.2.2004 permitting it to purchase 100 Metric Tonnes of Red Sanders at Rs.24,000/- per Metric Tonne. However, it has stipulated only one moth time for lifting the entire stock. The petitioner did make efforts to avail the benefit under the G.O., but was able to lift only 32 Metric Tonnes within the stipulated time. The reason mentioned for non-lifting the balance of quantity of Red Sanders is the financial difficulty. It needs to be noted that when the petitioner itself is a Government Organisation and its activities are under strict scrutiny by the State Government unlike any other private enterprises, neither there would be easy flow of money nor can the petitioner afford to indulge in speculative purchases. Further the period of one month, stipulated in the G.O. is not referable to any particular provision. Though it was added as a matter of precaution, it cannot be said that the period is so sacrosanct. Neither the material permitted under the G.O. is perishable in nature nor it is available at other places for conducting the trade. No prejudice can be said to have been caused to 1st respondent in case the period is extended, that too, in favour of an organization owned by another State. The respondents did not dispute the averment that they have extended the time in case of one Mr. N.C. Jain and the only reason is that due to non-availability of the non-graded red sanderss wood, the respondents could not supply the same within the stipulated time. When the period can be extended on account of the failure on the part of the respondents, there is no reason why, it cannot be extended on account of the difficulties on the part of the purchaser. This Court is of the view that ends of justice would be met if the period is extended by one month from the date on which the rate of red sanders is communicated to the petitioner. The interests of the respondent can be taken care by requiring that the costs shall be paid at the prevailing market rate. Hence, the writ petition is partly allowed directing that the petitioner shall be entitled to purchase the balance quantity of 68 Metric Tonnes of Red Sanders at the present market value stipulated by the 1st respondent within one month from the date of which the rate is communicated. However, it is made clear that the supply of the Red Sanders would be subject to the same conditions as indicated in G.O. Ms. No. 24, dated 9.2.2004. No costs. _____________________ L.NARASIMHA REDDY,J Dt:7.04.2009 pnb