MAYUR KATTHA INDUSTRIES Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner seeks writ of certiorari quashing the order dated 19 -6 -2001 rejecting the prayer of the petitioner to run its unit for manufacturing Kattha and grant the licence under the provision of the Uttar Pradesh Establishment and Regulation of Saw Mills Rules, 1978 (in short the Rules, 1978).

(2.) THE version of the petitioner is that it manufactures Kattha by processing and cutting Khair -wood. It purchases khair -wood from the State of Uttar Pradesh and Madhya Pradesh in auctions held by the Government agencies. Respondent No. 3 started interfering in the manufacturing of Kattha by the petitioner on the ground that the petitioner has no licence for running saw -mill in accordance with the provisions of U.P. Establishment and Regulation of Saw Mills Rules, 1978. The petitioner is alleged to have deposited licence fee for the year 1986 to 1995 under the U.P. Saw Mill Rules, 1978 and further deposited licence fee for the period 1996 to 1999. The licence fee for the year 2000 -2001 was not, however, accepted by the officials of the Forest Department. It made representation on 10 -3 -2001 to respondent No. 3 in this respect. The representation has been rejected by the impugned order dated 19 -6 -2001.

(3.) THE learned Counsel for the petitioner submitted that the unit of the petitioner is registered as a small scale industry with the Director of Industries, Government of Uttar Pradesh. It uses khair -wood for manufacturing Kattha and in the process of manufacturing Kattha, cutting machine is used for cutting khair -wood. It is not timber in its final product and it is not liable to obtain licence under the rules and in any case it had applied for the licence and deposited licence fee but it has not been granted.