THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
W.A.No.226 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Malugari Sudharshan, learned Government
Pleader for Forests representing the appellants and
Mr. J.Prabhakar, learned Senior Counsel for the
respondent/writ petitioner.
2. This appeal is directed against the order dated 15.12.2022 allowing W.P.No.34605 of 2022 filed by the respondent as the writ petitioner.
3. Respondent had earlier filed W.P.No.28646 of 2022 taking exception to the decision of respondent No.3- District Forest Officer, Hanamkonda and Jangaon (briefly 'District Forest Officer' hereinafter) dated 01.06.2022 rejecting the application of the respondent for issuance of licence for establishment of timber depot in the name of M/s. Vinayaka Timber Depot at premises bearing municipal ::2::
No.23-6-155/20/C, Hunter Road, Warangal (briefly 'subject premises' hereinafter).
4. On 15.07.2022, learned Single Judge issued a direction to the appellants to reconsider the application of the respondent for establishment of timber depot in the subject premises without reference to the rejection order dated 01.06.2022. It was thereafter that District Forest Officer passed a fresh order dated 16.08.2022 rejecting the application of the respondent. This led to filing of the related writ petition being W.P.No.34605 of 2022 by the respondent.
5. The two writ petitions were contested by the appellants by filing counter-affidavit.
6. Learned Single Judge noticed that there were discrepancies in the number of timber depots mentioned in the report of respondent No.4- Forest Range Officer, Hanamkonda (briefly 'Forest Range Officer' hereinafter) and ::3::
in the impugned order of the District Forest Officer dated 16.08.2022.
7. Be it stated that appellants had taken the stand that application of the respondent for grant of licence to establish timber depot in the subject premises could not be accepted because of existence of large number of timber depots in that area. Learned Single Judge noted that Forest Range Officer in his report dated 25.05.2022 had mentioned that there were about 54 number of timber depots in operation in Hanamkonda range within a distance of one kilometer, with further nine timber depots in a distance of one to two kilometers therearound; therefore, establishment of another timber depot was not necessary. It was noticed by the learned Single Judge that in the impugned order dated 16.08.2022, the District Forest Officer mentioned presence of 97 saw mills and 62 timber depots as against 54 timber depots mentioned in the report dated 25.05.2022. This was construed by the ::4::
learned Single Judge to be a case of non-application of mind by the District Forest Officer.
8. We may mention that as per the report of the Forest Range Officer, there were not only 54 timber depots within a distance of one kilometer, but additionally nine timber depots within a further distance of one to two kilometers. Thus, according to the Forest Range Officer, there were about 63 timber depots. In fact, the difference between the number of timber depots mentioned in the report of the Forest Range Officer dated 25.05.2022 and those mentioned in the impugned order of the District Forest Officer dated 16.08.2022 is only one; therefore, it cannot be construed that there was non-application of mind by the District Forest Officer.
9. Be that as it may, we have carefully perused the Telangana Forest Produce (Storage and Depot) Rules, 1989 (briefly 'the Rules' hereinafter) framed in exercise of powers ::5::
conferred by Section 29 read with Section 68 of the Andhra Pradesh Forest Act, 1967. The said Rules have been framed to regulate setting up of forest produce (storage and depots) in the State. While Rule 3 of the Rules deals with application for licence; Rule 4 lays down the procedure for grant of licence. Rule 4 of the Rules reads as under:
Procedure for grant of licence:
1) On receipt of an application in Form 1, Divisional Forest Officer shall make such enquiry as he deems fit, and after satisfying himself as to the genuineness of the need etc., may grant a licence in Form-2 for a period not exceeding [three years at a time] (2) Every application shall be accompanied by a fee of Rs. [250/-] for grant of a licence or its renewal.
In case of refusal to issue or renew the licence the fee so paid shall be refunded.
10. Sub-rule (1) of Rule 4 of the Rules says that on receipt of an application for licence, Divisional Forest Officer shall make necessary enquiry and after satisfying himself as to the ::6::
genuineness of the need etc., he may grant licence for a period not exceeding three years at a time. We do not find any cap on the number of timber depots that may be set up in one particular Forest Range or in an area over which the Divisional Forest Officer has jurisdiction. The requirement of the Rules is that the Divisional Forest Officer must satisfy himself as to the genuineness of the need etc. Merely because there are already 62 or 63 timber depots in Hanamkonda Range would not ipso facto lead to the conclusion that there is no genuineness of the need and that the request for licence should be declined.
11. That being the position, we are of the view that appellant No.3. i.e., District Forest Officer, Hanamkonda should reconsider the request of the respondent for grant of licence for operating timber depot and if conditions prescribed by the aforesaid Rules are fulfilled, he shall grant necessary licence in accordance with law.
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12. Let the above exercise be completed within a period of three weeks from the date of receipt of a copy of this order.
13. Writ Appeal is accordingly disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________ N.TUKARAMJI, J Date: 23.02.2023 LUR