RANJAN KUMAR Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) We heard learned Counsel for the parties.

(2.) By means of this writ petition, moved under Article 226 of Constitution of India, the Petitioner has sought writ in the nature of mandamus, directing the Respondents to issue/renew the license to run saw mill in the name of Petitioner.

(3.) Brief facts of the case as narrated in the writ petition are that in the year 1979, one Mukhtyar Ahmad installed a saw mill and started running it in the name and style of M/s Janta Laghu Udhyog, at Bageshwar. Hon'ble Supreme Court in writ petition No. 202 of 1995 T.N. Goda Varman v/s. Union of India, issued certain guidelines regarding establishment and renewal of license of saw mills. One of the guideline was that the installation of the saw mill should not be made within 10 kilometers of the forest areas. Before said judgment, in the year 1993, Petitioner had purchased the saw mill of Shri Mukhtyar Ahmad, Vide letter dated 10 -11 -2003 (copy Annexure -3 to the writ petition), the Petitioner sought permission to shift the saw mill to District Udham Singh Nagar. The Petitioner arranged the land on lease for reinstallation of the saw mill at village Sarasaria, Tehsil Khatima, District Udham Singh Nagar. He made further -representations on 07 -07 -2005 and 15 -07 -2005 in this regard but to no avail. Hence the writ petition.