ASHOK KUMAR JAISWAL Vs. CONSERVATOR OF FORESTS VARANASI

JUDGEMENT

(1.) PALOK Basu, J. Ashok Kumar Jaiswal, petitioner has filed this writ petition (24893 of 1996) under Article 226 of the Constitution of India praying the following reliefs: 1. Writ of certiorari quashing the orders dated 26-6-1996 and 27-6-1996 (Annexures land 2 ).

(2.) WRIT of mandamus commanding the opposite parties not to compel the petitioner for registration under the provisions contained in the U. P. Transit of Timber and other Forest Produce Rules, 1978 (In short 'rules') 2. When this writ petition was filed on 6-8-19% a counter affidavit was called. That having been filed a rejoinder affidavit has also been filed.

(3.) FOR the controversy in the instant case the language used in clause (b) sub-clause (iv) is relevant. As is obvious from the definition "forest produce" includes minerals and all products of mines or quarries. It has not been disputed, nor can it possibly be that stone chips ad well as sand (morrum) are product of quarries and are obviously Minerals within the meaning of Mines and Minerals (Regulation and Development) Act, 1967 under which the State of U. P. has framed Minor Mineral (Concession) Rules, 1963.