KARSANDAS GANGARAM PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, this Petition is heard finally at the stage of admission.

(2.) This Petition under Article-226 and 227 of the Constitution of India impugns the order dated 21/5/2007 passed by the Respondent No.2 and order dated 3/6/2006 passed by the Respondent No.3, refusing renewal of the licence of the saw mill of the Petitioner on the ground that no objection from the landlord is not filed on record.

(3.) Briefly stated the facts which are relevant for the purpose of deciding this petition are that the petitioner is running a saw mill by name and style "Gajanan Saw Mill" on plot No.1, Survey No.4692 at Dhulia since the year 1962. This property was taken on lease by the petitioner from Maulavi Wada Masjid Trust. Licence for operating the saw mill was obtained by the petitioner in the year 1962 and was renewed from time to time till 31st December, 2005. On the last day for the renewal of the licence, that is, on 31st December, 2005, Respondent No.4 served a notice on the petitioner intimating him that in view of the objection raised by the landlord licence of the saw mill can not be renewed. Demand Draft submitted by the petitioner with his application for renewal of the licence was returned to him and the petitioner was directed not to operate the saw mill till renewal of the licence. Though the petitioner submitted reply to the notice dated 31st December, 2005, licence of the saw mill was not renewed. The petitioner, therefore, filed an appeal before the Chief Conservator of Forest on 6th January, 2006. As no orders were passed for a period of two months, the petitioner approached this Court by filing Writ Petition No.2547 of 2006. This Petition was disposed off with a direction to Respondent No.3 to dispose off the appeal filed by the petitioner within a period of two months. Respondent No.4 was also directed to take a decision in respect of renewal of the licence within a period of one month. In pursuance to the directions of this Court, the appeal came to be decided on 3rd June, 2006. Respondent No.3 dismissed the appeal on the ground that licence of the petitioner can not be renewed as the petitioner had no title to the property and the landlord had raised an objection for operating a saw mill on the said plot. The petitioner then filed another appeal before Chief Conservator of Forest (Protection), Nagpur. As the appeal was kept pending, the petitioner again approached this Court by filing Writ Petition No.2002 of 2007. The petition came to be disposed off on 9th April, 2007 with a direction to decide the pending appeal within a period of six months. Eventually this appeal came to be dismissed by the Chief Conservator of Forest (Protection), Nagpur, by order dated 21st May, 2007. Being aggrieved by these orders the petitioner has approached this Court with the aforesaid prayers for quashing and setting aside the impugned orders dated 6th June 2006 and 21st May 2007.