CH MUTHAIAH Vs. DIVISIONAL FOREST OFFICER KHAMMAM DIVISION

JUDGEMENT

(1.) THIS writ petition is filed assailing the orders in Rc.No.2124/S2/94, dated 25.7.2001 passed by the 1st respondent-Divisional Forest Officer, Khammam Division, cancelling the Saw Mill licence of the petitioner, confirmed by the 2nd respondent-Conservator of Forest, Khammam Circle, Khammam vide proceedings Rc.No.4503/02/M3, dated 18.3.2003, as arbitrary and illegal.

(2.) THE petitioner is the proprietor of Sri Venkateswara Saw Mill, Pallegudem Village, Khammam Rural Mandal and District. He was granted licence bearing No.25/99 under the Andhra Pradesh Saw Mill (Regulation) Rules, 1969 (for brevity "the Rules "). The said licence was being renewed from time to time and was valid upto 31.12.2001 at the relevant point of time. During the surprise inspection of the mill on 3.5.2001, the Divisional Forest Officer (Vigilance), Hyderabad found timber illegally stored in the mill and thereby committed forest offence, violating

(3.) LEARNED counsel for the petitioner would urge that the petitioner is only the owner of the saw mill. The timber was brought by one Satyanarayana chary, a local carpenter for conversion and that the stock did not belong to the petitioner. The learned counsel would further urge that, in any event, the alleged offence was already compounded by collecting an amount of Rs.13,520.00 as compounding fee and hence licence cannot be cancelled on the basis of the same allegation.