SIKENDER ALI KHAN Vs. CONSERVATOR OF FOREST ADILABAD

JUDGEMENT

(1.) This writ petition is filed for issuance of a writ of mandamus declaring the action of the Divisional Forest Office (DFO), Jannaram, Adilabad District, the second respondent herein, in not granting the required number of transit permits in respect of the timber as enumerated by the Forest Range Officer on 13-1-1995, is illegal and arbitrary and for a consequential direction to the second respondent to issue required number of transit permits.

(2.) The petitioner is the power of attorney holder of one Kompalli Ashaloo and seven others, who were owners of the land admeasuring Acs. 3.03 gts. comprised in sy. No. 9 of Odamput Village, Kaddam Mandal in Adilabad District. At the relevant time, he was also the GPA holder of Kommari Venkatta and Bakkanna, who were owners of the land admeasuring Ac. O.33 gts. in Sy. No. 111 of the same village. There were teak and non-teak trees available on the land. Therefore, as the GPA holder of the above said persons, he applied to the second respondent for granting permission to fell the trees and for issue of transit permits on 8-6-1991 and 7-5-1992. subsequently, he also purchased the said extents by registered sale deeds. It is the case of the petitioner that the second respondent by letters dated 29-7-1991 and 6-7-1992 requested the Mandal Revenue Officer (MRO), Kaddam, to furnish 20 column proforma and certificate of title of forest produce along with tonch plat for the said survey numbers. The MRO, by letters dated 9-6-1992 and 28-7-1992 sent 20 column proforma and also duly certifying the rights of the pattadars and the forest produce on the lands. The DFO by letters dated 29-7-1991 and 14-5-1992 addressed the third respondent namely, the Forest Range Officer (FRO), Birsaipet, to inspect the land and to furnish the sketch in respect of the lands in Sy. Nos. 9 and 111. A detailed report submitted by the FRO on 28-10-1993 and based on the same, on 24-11-1993, the DFO submitted a report to the Conservator of Forests, Adilabad, the first respondent herein, for according permission to remove the trees on the lands in question. The first respondent by orders dated 2-12-1993 accorded permission.

(3.) The petitioner completed felling in February 1994 and submitted the log list in the office of the DFO in September 1994. He also sought permission for transportation of timber. The forest officials inspected the patta land and found that log register shown by the petitioner is correct. The FRO, by letter dated 13-1-1995 informed that 69.854 cmt. teak and 22.331 cmt. non-teak timber in Sy. No. 9 and 33.477 cmt. teak and 12.505 cmt. non-teak timber in Sy. No. 111. The enumeration list was submitted to the DFO to accord permission and issue transit permits. The DFO also inspected the patta land and forwarded the concerned file to the first respondent. It is the allegation of the petitioner that in the office of the first respondent the officials made certain illegal and unreasonable demand and as he was not willing to comply with the demand he was threatened that they would foist a false case against him. Contending that it is only the DFO who is competent to issue transit permits and there was no necessity to forward the file to the first respondent and also contending that in view of the report submitted by the third respondent dated 13-1-1995, non-issuance of transit permits is illegal, arbitrary and contrary to the provisions of the A. P. Forest Act, 1967 and the A. P. Forest Produce Transit Rules, 1970, the petitioner filed the present writ petition.