GURRAM HARIKA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the order passed by the 3rd respondent vide proceedings No.2056/14/S3A dt.11/11/2020 as illegal, arbitrary, highhanded and without jurisdiction and contrary to the orders passed in W.P.No.13912 of 2020 dt.6/11/2020 and also in violation of principles of natural justice and contrary to the provisions of T.S. Forest Act and its Rules and consequently to set aside the same and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioner was granted licence No.21/S3A/2019-20 for setting up a forest produce depot at Survey No.204 of Nagireddypuram Village, Gangadhar Mandal, Rajanna Sircilla and Karimnagar District and the said licence was renewed by the 3rd respondent through proceedings Rc.No.2056/2014/S3A dt.23/4/2019 under Rule 4(1) of A.P. Forest Produce (Storage and Depot) Rules, 1989 and the petitioner was also permitted conversion of prosophis fuel into charcoal for the period 2019-2020, i.e., from 23/4/2019 to 31/3/2020.

(3.) It is submitted that while things stood thus, on 24/7/2019, a flying squad headed by the 4th respondent had inspected the depot and found 7 kilns burning and also 21 kilns formed with miscellaneous fire wood, i.e., other than prosophis, ready to be burnt for conversion into charcoal. The Flying Squad Party, Karimnagar having found deviations in the kilns as against the sanctioned number of kilns, conducted a spot panchanama and seized the 21 kilns of charcoal formed with wood other than prosophis and registered an offence case vide proceedings POR No.003236/65 dt.24/7/2009 for a quantity of 2103.6313 cubic metres (cmt) (1314.77 tonnes) valued at Rs.39,61,402.00 alleging that the petitioner has violated Rules 3(1)(2) and 7(1)(2) of the Charcoal Depot Rules, 1992 and the Circular No.9/96 dt.9/9/1996 of the Principal Chief Conservator of Forests and A.P. Water Land and Trees Act of 2002 and 2004 (WALTA in short).