BHIMJI JETHABHAI VADOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this Public Interest Litigation, the writ-petitioners have prayed for a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to evolve a policy to issue transit pass in consonance with the Government Resolution dated 13th December 2004 and also in consonance with the Indian Forests Act, which would make it easier for the poor agriculturists in producing charcoal from Ganda Baval (prosopis) in Kutch District so as to provide employment to small agriculturists and thereby earn their livelihood, instead of the existing procedure prescribed by the Deputy Conservator of Forests, Kutch District by letter dated 21st October 2013. The writ-petitioners have also prayed for a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from prohibiting small agriculturists from producing/making charcoal from Ganda Baval (prosopis) grown in their own agricultural fields and from transporting the same in Kutch District or outside Kutch District.

(2.) The case made out by the petitioners may be summed up thus:-

(3.) This writ-application is opposed by the respondent No.2 by filing an affidavit-in-reply and the defence of the respondent No.2 may be summed up thus: