HAKIM AND CO Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This is an appeal arising out of the judgment of a learned single Judge dated 29-10-1987. The learned single Judge dismissed the writ petition filed by the petitioner, wherein the petitioner prayed for a writ of mandamus or any other appropriate writ or direction to the Railway authorities and the Government of Andhra Pradesh represented by the Chief Conservator of Forests, to accept the consignment of Rosa Extract Perfume (otherwise as Rosa Oil) booked by the petitioner from Nampally Railway Parcel Office to the State of Maharashtra by exercising the authority vested in them instead of illegally refusing to accept the consignments referring to Circular No. CC-285-Dev-8-83-DRM's/C/BG/Office, Secunderabad, dated 5-8-1983. The impugned circular reads as follows:--

(2.) In the writ petition we are only concerned with the authority to demand to produce valid permit being got issued from the Forest Department. We are not concerned here with the loading of forest products as per S. 77B of the Indian Railways Act. The only question is whether the permit is required from the Forest Department before the consignment of Rosa Oil before it is transported by the Railways.

(3.) The petitioner is a firm dealing in perfumes and supply of concentrated perfume extract from flowers to various States. One such perfume is Rosa Extract Perfume which is mostly used in the manufacture of soaps, powders, etc., apart from using it as a base in the preparation of various other perfumes. The Rosa Extract Perfume sealed in drums is packed in the baskets to be despatched from South Central Railway to various States all over India.