LAWS(APH)-1996-4-34

GOVT OF A P Vs. SHARADA TIMBER DEPOT

Decided On April 16, 1996
GOVT.OF A.P., PRINCIPAL SECRETARY Appellant
V/S
SREE SHARADA TIMBER DEPOT Respondents

JUDGEMENT

(1.) The writ appeals are filed assailing the judgment of the single Judge in allowing the writ petitions and declaring certain amendments made to Rules 3,4 (1)(b), 4(2), 4(3), 5(1) and 6A of the Andhra Pradesh Saw Mills (Regulation) Rules, 1969 through G.O.Ms.No. 92, Energy and Forests, dated 16-4-1994 as unconstitutional being violative of Article 19(1 Xg) of the Constitution and beyond the rule making power of the State Government.

(2.) The writ petitions are filed assailing the orders of the authorities refusing to renew the licence and to grant licences for the saw mills.

(3.) The brief facts are that all the writ petitioners have established their saw mills in different villages and towns of Andhra Pradesh. The appellants in the writ appeals established the saw mills in and around Hyderabad long ago. The Andhra Pradesh Forest Act, 1967 came in to force on 15-4-1967 (hereinafter called as 'the Act'). The A.P. Saw Mills (Regulation) Rules, 1969 are framed exercising the rule making power under Section 29 read with Section 68 of the Andhra Pradesh Forest Act, 1967. The object of the Act is to consolidate and amend the law relating to forest and forest produce in the State of Andhra Pradesh.