RUDRACHARI Vs. PRINCIPAL CHIEF CONSERVATOR OF FOREST

JUDGEMENT

(1.) PETITIONER is a Blacksmith by profession and is undertaking repair works of bullock carts. While manufacturing wooden wheels and other accessories required for the bullock carts, petitioner has installed 24" cast Iron Bend Saw Machine. Respondents have seized the machine on 18-8-2000 on the ground that the same has been installed without obtaining any licence. Therefore, present petition is filed by him contending that he is not liable to obtain a licence to install such machine and to direct the respondents to return the seized machine.

(2.) BY virtue of an interim order granted by this Court, machine in question is released to the petitioner. Therefore, what is to be considered by this Court in this writ petition is whether petitioner has to obtain licence under the Karnataka Forest Rules, 1969 to install such a machine. Rule 163 provides for control of private saw pits, saw mills or any other sawing contrivances. Rule 163 (1) and (2) reads as hereunder:

(3.) IN the circumstances, this petition is rejected. It is open for the petitioner herein to make necessary application before the respondents for grant of licence. If such an application is filed, same shall be considered by the respondents in accordance with law. Three months time is granted for the petitioner to obtain licence from the respondents.