STAR TRADING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs :-

(2.) It is stated by the learned advocate appearing for the writ applicant that the writ applicant is in business of purchase of sale of "Sagi", "Panchrau" and "Kher" woods. The Deputy Conservator of Forest, Godhra, issued show cause notice to the writ applicant, stating that, stock difference (stock is reduced) was noticed in warehouse register and physical stock on 21/1/2014. The writ applicant replied to the aforesaid show cause notice on 24/1/2014. On 31/1/2014, the Chief Conservator of Forest, Valsad region, gave permission to resume the business to the writ applicant and similarly situated persons. Second show cause notice came to be issued by the Deputy Conservator of Forest, Godhra on 8/8/2014 stating that during the study certain illegalities were found and the writ applicant was asked to reply the notice within a period of three days. On 11/8/2014, the writ applicant replied to all the questions/ queries raised by the Deputy Conservator of Forest, Godhra. On 26/11/2014, the Assistant Conservator of Forest, Godhra, reported to Deputy Conservator of Forest, Godhra informing him that the writ applicant is in possession of the goods excess than actual goods to be delivered.

(3.) Being aggrieved by the actions/in-actions of the respondents by not permitting the writ applicant to resume his business and further not issuing him the transit permit though during the investigation and search of the warehouse of the writ applicant and registers maintain by the writ applicant no illegality/illegalities were found on 6/12/2014. The writ applicant preferred Special Civil Application No.18269 of 2014. During the pendency of the said petition, without issuance of notice and without offering opportunity to the writ applicant, the Deputy Conservator of Forest, Godhra (Ex-parte) by order/communication dtd. 23/12/2014 imposed penalty of Rs.15,58,800.00 on the writ applicant. Being aggrieved by the said communication, the writ applicant approached this Court by filing Special Civil Application No.1481 of 2015. The writ applicant by filed appeal challenging the said order/communication passed by the Deputy Conservator of Forest, Godhra, dtd. 23/12/2014. On 9/2/2015, the Chief Conservator of Forest, Vadodara passed un-reasoned, non-speaking and illegal order and rejected the appeal filed by the writ applicant. On 5/3/2015, the writ applicant filed an appeal before the Principal Secretary, Forest and Environment Department and challenged the order dtd. 9/2/2015, passed by the Chief Conservator of Forest, Vadodara. On 13/3/2015, being aggrieved and dissatisfied by order dtd. 9/2/2015, the writ applicant approached this Court by filing Special Civil Application No.5411 of 2015. On 24/2/2016, the respondent passed an order and partly allowed the appeal filed by the writ applicant. The respondent set aside the order dtd. 23/12/2014, passed by the Deputy Conservator of Forest, Godhra but did not set aside the order of penalty of Rs.15,58,800.00 which was imposed by the Deputy Conservator of Forest, Godhra. The respondent authority restored the license of the writ applicant, on 4/3/2016, the writ applicant withdrew the earlier petitions which were filed before this Court. Being aggrieved and dissatisfied by the impugned order dtd. 23/12/2014 passed by the Deputy Conservator of Forest, Godhra, the writ applicant approached this Court for seeking direction directing the respondents to set aside the penalty of Rs.15,58,800.00 which was imposed by the Deputy Conservator of Forest, Godhra on 23/12/2014 and confirmed by the Principal Secretary, Forest and Environment Department on 24/2/2016.