C RANGAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In these petitions under Art.226 of the Constitution, the common question of law that arises for determination, is whether a person who had been running a saw-mill before the Mysore Forest Rules, 1969 (hereinafter referred to as the Rules), came into force, should take a licence under the Rules in order to continue to run such saw mill.

(2.) In WPs. Nos. 6061 to 6066 of 1969; 859; 872 to 882; 1316 to 1318; 1346 to 1376; 2523 to 2527; and 4998 o 1970, the petitioners have prayed for quashing the notices issued to them by the Forest Authorities requiring them to obtain such licences. Those petitioners have also prayed for a mandamus directing the Forest Authorities not to compel them (the petitioners) to obtain such licences. In WPs. Nos. 1149 and 1241 of 1970, in addition to similar prayers, the petitioners have prayed for striking down Rules 163 and 164 of the Rules as being uttra vires of S.50 of the Mysore Forest Act, 1963 (hereinafter referred to as the Act), and as being violative of clauses(g) and (f) of Art. 19(1) of the Constitution, while in WPs. Nos. 1112 to 1126 and 1128 to 1130 of 1971 the petitioners have prayed for quashing Rule 163 as invalid. In Writ Petitions Nos. 1737 and 1916 to 1918 of 1970, the petitioners have prayed for striking down clause (k) of S.50(2) of the Act, Rules 163 and 164 and Forms 43 and 44 appended to the Rules. In the new State of Mysore there was no uniform law relating to forests and forest produce. Different Acts and Rules were in force in different areas of the State. Such uniform law was brought about by the Mysore Forest Act, 1963, which came into force on 1-1-1969. In exercise of the powers conferred by Ss. 30, 33, 38, 50, 59, 97, 101 and 102 of the Act, the Government of Mysore made the Rules which came into force on 27-3-1969. The relevant parts of Sec.50 which confer power to make rules to regulate transit of forest produce, read:

(3.) The relevant parts of Rule 163 read: