NAND LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner seeks writ of certiorari quashing the impugned order dated 21-1-1999 whereby the Divisional Forest Officer, respondent No. 2, rejected the application of the petitioner for grant of licence for running saw-mill.

(2.) The petitioner is owner of a saw-mill alleged to be situate in village Dabauliya, Post Banskhor, district Basti. He had a licence for saw-mill obtained from respondent No. 2 in the year 1986 and his licence of saw-mill was renewed up to the year 1991. He deposited fee for renewal of licence for the subsequent period but it was not renewed. The petitioner filed writ petition No. 38139 of 1998. The writ petition was disposed of with the observation that the petitioner may file application for grant of new licence or an application for renewal of the old licence if pending and such application shall be disposed of within a month in accordance with law.

(3.) The petitioner submitted representation to respondent No. 2. The said representation has been rejected by respondent No. 2 vide impugned order dated 21-1-1999 with the observation that those persons who had valid licence up to the year 1996, only they were entitled for the renewal and no fresh licence could be issued in view of the decision in T. N. Godavarman Thirumulkpad v. Union of India, (1997) 3 SCC 312 : (AIR 1997 SC 1233). This order has been challenged in the present writ petition.