SAHADEV PATRA Vs. CHIEF CONSERVATOR OF FORESTS ORISSA

JUDGEMENT

(1.) As against the following factual backdrop the only point to be determined in this writ petition is : Whether the second appeal filed by the petitioner before Chief Conservator of Forest under proviso to Rule 10 of the Orissa Saw Mills and Saw Pits (Control) Rules, 1980 ('the Rules') made in exercise of the Orissa Forest Act, 1972 is maintainable or not?

(2.) The petitioner is a holder of a licence to run saw mill under the Rules. He received a notice under Rule 8 of the Rules for showing cause as to why his licence should not be cancelled. After hearing him, the licence was cancelled by the District Forest Officer by order dated 16-2-1990. Against the said order, the petitioner preferred a First Appeal in terms of Rule 10 of the Rules, before the Conservator of Forest in the year 1990. It was dismissed on 28-1-1995. The petitioner filed second appeal in terms of the proviso to Rule 10. On 10-2-1995 the Chief Conservator of Forest has referred to the State Government the question of maintainability of the Second appeal since he had doubt on the point in view of coming into force with effect from 23-3-1992 the Orissa Saw Mills and Saw Pits (Control) Act, 1991 which has repealed the Orissa Forest Act, 1972. The new Act provides for only one appeal against the order of Forest Officer under S. 12.

(3.) Thus the basic factual position foils down to this. There existed right of Second Appeal against the original order when it was passed and during pendency of First Appeal the old law was repealed. Repealing provision S. 24 of the new Act reads thus :