SARUP SINGH AND COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions have been heard together as the dispute involved in both of them is the same.

(2.) There are seventeen petitioners in all, five of whom are common. In CWJC No. 3384 of 1992 (R), the petitioners' case is that they deal in ballies, rollas, Cogging Slipers etc. of eucalyptus, a kind of tree known in local parlance as 'Safeda'. They bring the timber from Haryana where it is grown by the farmers on their lands. It is said that eucalyptus is treated as an 'agricultural produce' in that State and there is no restriction on its export etc. there. However, when the timber is brought into the State of Bihar, the consignment is detained by the forest officials on the ground that it is not accompanied by transit permit. The contention of the petitioners is that the provisions of the Bihar Timber and other Forest Produce (Regulation of Transportation) Rules 1973 (hereinafter referred to as 'the Transit Rules') which provide for transit permits, are not applicable to import of timber from another State. It is also contended that by reason of the deletion of eucalyptus from the Schedule, the regulatory provisions of Bihar Forest Produce (Regulation of Trade) Act, 1984 (hereinafter referred to as 'the Trade Regulation Act') are also not applicable to it. The officials of the Forest Department therefore, cannot insist on taking transit permit for movement of eucalyptus from one place to another even within the State. More or less a similar case is pleaded in CWJC No. 1879/98(R). The Petitioners claim to bring eucalyptus also from the State of West Bengal besides Haryana, and it is said that they supply such imported eucalyptus in the form of ballies, rollas, Cogging Slipers etc., to Tisco and other concerns including the Government Companies.

(3.) Shri M. M. Banerjee, learned counsel for the petitioners submitted that there is no restriction now on trade in eucalyptus by virtue of notification No. SO 628 dated 10-9-90, and the authority therefore, cannot insist upon taking transit permits. In any case, the provisions of the Transit Rules under which transit permits are issued apply to trade within the State, and therefore, eucalyptus imported from other States cannot be subjected to transit permits.