Narayan Panchang Patel Through ... vs The State Of Maharashtra And ...
2016 Latest Caselaw 2919 Bom

                                            {1}
                                                                        4761.16 wp.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                              
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.4761 OF 2016




                                                      
     Narayan Panchang Patel
     age: 75 years, occu: business,
     R/o Dharmabad
     through Power of attorney




                                                     
     Shri Chandubhai Dayabhai Pokar
     age: 56 years, occu: business
     R/o Dharamabad, Dist. Nanded                                       Petitioner




                                        
              Versus


     1
                             
              The State of Maharashtra
              through: Secretary,
              Forest Department, Mantralaya,
                            
              Mumbai

     2        Chief Conservator of Forest
              Aurangabad region,
              Aurangabad
      


     3        The Deputy Conservator of Forest
              Nanded
   



     4        Range Forest Officer (T)
              Bhokar, Dist. Nanded                                      Respondents

Mr.H.K. Mundhe advocate for the petitioner Mr.V.M. Kagne, Assistant Government Pleader for Respondents _______________

CORAM : R.M. BORDE & K.L.WADANE, JJ

(Date : 16th June, 2016.)

ORAL JUDGMENT (Per: R.M. Borde, J)

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1 Rule. With the consent of the parties, petition is taken up

for final decision at admission stage.

2 The petitioner is challenging the action of the Deputy

Conservator of Forest, Nanded of sealing saw-mill operated by the

petitioner, without there being any valid cause. The petitioner

contends that, the license to operate the saw mill has been

renewed for the year 2016-2017. However, the original order of

renewal has not yet been received by the petitioner. It is further

contended that, merely on account of dispute raised by the

landlord, the Deputy Conservator of Forest, Nanded has taken

the impugned action.

3 It is not disputed before us that, the license has been

renewed for operating the saw-mill for the year 2016-2017. It is

also not brought to our notice that, the petitioner has violated any

term of license or is guilty of commission of any irregularity or any

offence punishable under the Forest Act. The action taken by the

respondent Deputy Conservator of Forest is arbitrary and deserves

to be quashed and set aside. The impugned action of sealing of

the saw-mill, taken by the Deputy Conservator of Forest, as such

is quashed and set aside. It is directed to de-seal the premises

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and the machinery within a period of two weeks from today.

4 Rule is made absolute accordingly.

5 There shall be no order as to costs.

                  (K.L.WADANE, J)                    (R.M.BORDE, J)




                                      
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