BANGALORE AGARBATHI RAW MATERIALS MANUFACTURERS AND MILLERS CO OPERATIVE SOCIETY Vs. STALE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Appeals 42 and 43 of 1993 are preferred against the common order dated 8. 1. 1993 passed by the learned single Judge in WRIT Petition nos. 354 and 355 of 1993. WRIT Appeal No. 42 of 1993 relates to the order passed in WRIT Petition No. 354 of 1993 whereas WRIT Appeal No. 43 of 1993 relates to the order passed in WRIT Petition No. 355 of 1993. When these two writ appeals came up for hearing, it was brought to our notice that pursuant to the direction issued by the learned single Judge in the order under appeal, the application filed by the petitioner therein has been considered by the petitioner therein has been considered by the State Government and the same has been rejected by the order dated 28. 2. 1993, which has been challenged in WRIT petition No. 4994 of 1993. Therefore, we directed the said writ petition to be posted along with these writ appeals for hearing, as in that writ petition the state Government has filed the objections. Accordingly, these three matters are heard together.

(2.) IN Writ Petition No. 354 of 1993, the petitioner who is the appellant in these appeals, sought for quashing the order dated 18. 12. 1992 bearing G. O. (l-D) No. 128 passed by the State Government directing that a quantity of 1,000 metric tonnes of sandal sapwood be sold to M/s. Seshasayee paper and Boards Limited at Rs. 600 per metric tonne on an experimental basis and a quantity of 1,000 metric tonnes of sandal sapwood be sold to Thiruvallur multi-purpose Workers INdustrial Co-operative Society at Rs. 540 per metric tonne allowing a rebate of 10% for the society over the rate of Rs. 600 in item (i) and to issue a direction to the State Government to dispose of the total quantity of 4,000 metric tonnes of sandal sapwood either by public auction or to sell the same to the members of the petitioner society. IN Writ Petition no. 355 of 1993, the very same petitioner has sought for a direction to the state of Tamil Nadu to allot 1,000 metric tonnes of sandal sapwood to the petitioner at the rate of Rs. 3,500 per metric tonne or in the alternative to direct respondents 1 to 4 herein to conduct public auction for the disposal of accumulated stock of 4,000 tonnes of sandal sapwood. There was a common prayer made in both the writ petitions. Hence, the learned single Judge heard both the writ petitions together and decided them by a common order.

(3.) LEARNED Government Advocate further brought to our notice the stand taken by the State in the counter Filed in both the cases and contended that mainly to prevent smuggling of sandalwood, such a course has been adopted. In addition to this learned Government Advocate as well as learned counsel appearing for respondents 5 and 6 in the writ appeals relied upon an amendment to Rule 130-A of the Tamil Nadu Forest Department Code issued on 16th October, 1992 and contended that as per the amendment, it is open to the State Government to dispose of sandal sapwood by way of private negotiations and therefore, the order disposing of 2,000 metric tonnes of sandal sap-wood in favour of respondents 5 and 6 is also well within the power of the state Government, as it is in conformity with the amendment effected to Rule 130-A of the Tamil Nadu Forest Department Code. In addition to this, learned counsel for the respondents 5 and 6 placed reliance on a decision of the supreme Court in Sachidan and Pandey v. State of West Bengal, A. I. R. 1987 S. C. 1109 and a decision of the learned single Judge of this Court reported in Danya Electric Company v. The state of Tamil Nadu, 1992 Writl. R. 429.