J.D.GUPTA Vs. STATE

JUDGEMENT

(1.) In these petitions a common question arises for consideration pertaining to the validity of Rule 11(5) as well as Annexure 4D of Forest Produce Transit (Land Routes)Rules, 1978, as amended in 1993.

(2.) The petitioners are traders and they are dealing in the sale and purchase of numerous goods including minor forest produce like Morchela Asculemta (Guchhis) According to the petitioners, ˜Guchhis is a spontaneous and wild growth in the forest and it is collected by the farmers/ right holders. Being a forest produce the right holders are required to obtain permits from the Forest Department of the 1st respondent and the permits were issued by the concerned D.F.O. of the range in question within whose jurisdiction they are intended to be collected.

(3.) The State Government has framed Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978, m exercise of the powers vested in it under Sections 41 and 42 of the Indian Forest Act. They were published initially in the Rajpatra, Himachal Pradesh (Extraordinary) dated 5 -3 -1978. They have been amended from time to time and by No. FTS (A) 3 -1/77, dated Shimla -2 17th August, 1993, Rules, 5, 10, 11, 18 and 20 were amended We are concerned in this case only with the amendment to Rule 11(5) alongwith Annexure ˜D