STATE OF ANDHRA PRADESH Vs. CH SAMPANGA RAO

JUDGEMENT

(1.) In this writ appeal against the judgment of Par-thasarathi, J. the interpretation of Rule 4 of the Andhra Pradesh Saw Mills (Regulation) Rules, 1969 is involved.

(2.) The respondents (writ petitioners) had established their saw mills and were operating them after obtaining licences from the Licensing Authority. The case of the respondent as presented by them in the writ petition, is that any person erecting a saw mill after the commencement of the Rules could proceed to operate the mill if the licensing authority failed to grant the licence within a period of one month from the date of the application but the proprietors of existing saw mills were denied that benefit as they cannot operate the mills unless a fresh licence was obtained by them in accordance with the Rules. It is, therefore, necessary to see whether Rule 4 suffers from the vice of discrimination so as to be struck down by us as denying equal protection of laws to the respondents.

(3.) Rules 3 and 4 are the relevant rules and they may, therefore, be read:--