Khaja Raheemuddin vs The Conservator Of Forests, ...
2022 Latest Caselaw 4289 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

    THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

               WRIT APPEAL No.973 of 2007


JUDGMENT:    (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. K.Vasudeva Reddy, learned counsel for the

appellant and Ms. Pramada, learned Government Pleader for

Forests for the respondents.

2. This appeal is directed against the order dated

18.04.2007 passed by the learned Single Judge dismissing

Writ Petition No.16688 of 2006 filed by the appellant.

3. At the relevant point of time, appellant was

operating a saw mill. He was issued show cause notice dated

24.05.2005 by the Divisional Forest Officer, Karimnagar

alleging that there were discrepancies in the quantities of

timber dealt with by the appellant under various permits.

Petitioner replied to the said show cause notice denying the

allegation. However, Divisional Forest Officer passed an order

on 23.02.2006 directing cancellation of saw mill licence.

                                 2                      HCJ & CVBRJ
                                                  W.A.No.973 of 2007

Against the aforesaid cancellation, appeal was filed before the

1st respondent which was dismissed on 04.07.2006.

Thereafter the related writ petition was filed.

4. After hearing learned counsel for the parties and

on going through the materials on record, this Court took the

view that there were no good grounds to interfere in the

cancellation of saw mill licence, that too, in a proceeding

under Article 226 of the Constitution of India.

5. This writ appeal is pending since the year 2007

but without any stay. Already 16 years have gone by since

cancellation of saw mill licence. Meanwhile, the extant rules

have also been replaced vide G.O.Ms.No.55 dated 16.09.2016.

6. That being the position, we are of the view that

nothing survives in the writ appeal for adjudication.

7. Writ Appeal is accordingly dismissed. However,

there shall be no order as to costs.

                                3                     HCJ & CVBRJ
                                                W.A.No.973 of 2007

8. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

__________________________ UJJAL BHUYAN, CJ

___________________________ C.V.BHASKAR REDDY, J

Date: 25.08.2022 KL