R RAMANAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in this batch of writ petitions challenge the validity an vires of A.P. Charcoal (Production and Transport) Rules, 1992 more especiall Rule 3(3) framed by the State Government in G.O.Ms.No. 291 (For. II Department dated 28-12-1992 published in the A.P. Gazette on 28-1-1993. The alternative prayer is also made in some of the writ petitions to declare that the said Rules have no application to the manufacture of charcoal out of Prospi Juliflora (Known as 'Seema Tumma'). Excepting the petitioner in W.P.No. 677 of 1993 who is a landholder, others are traders in charcoal.

(2.) In exercise of powers conferred by Sec. 68 of the A.P. Forest Act, 1967 the Governor of A.P. framed the Rules known as A.P. Charcoal (Productior & Transport) Rules, 1992 regulating the production and transport of charcoa in the State of Andhra Pradesh. 'Charcoal' is defined to mean as a form on Carbon derived from incomplete combustion of wood derived from a tree. The main target of attack is Rule 3(3). Rule 3 reads as follows:

(3.) (1) No person shall make charcoal, or cut or cause to cut trees for the purposes of making charcoal, without the previous written permission of Divisional Forest Officer concerned.