JAWAHAR LAL SHARMA Vs. DIVISIONAL FOREST OFFICER UP

JUDGEMENT

(1.) Leave granted in both the S. L. Ps.

(2.) In these appeals by special leave, the question arising for decision is the right of the appellants to renewal of their licences under the provisions of U. P. Establishment and Regulations of Saw Mills Rules, 1978.

(3.) Jawahar Lal Sharma, appellant No. 1 in civil appeal arising out of S. L. P. (C) No. 4695/2001, purchased the saw mill from one Gauri Ram on 15-1-1985. Gauri Ram was holding a licence for establishing and operating of the saw mill since 15-7-1981. The licence was sought to be transferred in the name of appellant No. 1 by Divisional Forest Officer, Ghazipur. Thereafter, year by year, fees for renewal of the licence has been deposited and applications moved in that regard. In case of Munna Khan, appellant No. 2, he purchased the saw mill in the year 1991 from one Ram Prasad Vishwakarma who was holding the requisite licence since 16-6-1990. He too sought for transfer of the licence and went on depositing renewal fee year by year up to the year 1997. The controversy arose for the years 1998, 1999 and 2000 when the prayer for renewal was refused. The appellants approached the High Court of Allahabad by filing a writ petition. By order dated 14-11-2000, a Division Bench of the High Court dismissed the writ petition by simply observing that the appellants were at liberty to move fresh applications for grant of licence. The High Court did not go into the question of renewal.