HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.26498 of 2014 Date: 10-09-2014 Between:
G. Ramu Naidu .. Petitioner AND The Government of Andhra Pradesh, represented By its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.26498 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the 3rd respondent in issuing proceedings in Rc.No.3026/2002-L, dated 18-08-2014 directing the petitioner to submit his explanation within 15 days as arbitrary and illegal by setting aside the notice issued by the 3rd respondent in proceedings Rc.No.3026/20021-L, dated 18-08-2014 and for a consequential direction to grant permission for installation of Horizontal Saw and Additional Band saw to the petitioner Sawmill.
2. The case of the petitioner is that he is owner and licence holder of M/s. Kanaka Mahalakshmi Saw Mill, Pulagalapalem, Pendurthi Mandal, Visakhapatnam District and he made an application to the 3rd respondent for grant of licence for running a Saw Mill in Pulagalapalem, Pendurthi Mandal, Visakhapatnam District in the name and style of M/s. Kanaka Mahalakshmi Saw Mill in the year 1994 and was granted permission for running the same vide proceedings Ref.No.2378/1994-L. While so, the 3rd respondent issued a notice dated 18-08-2014 stating that the 1st respondent vide Memo dated 26-07-2014 cancelled the permission of additional machinery granted to the petitioner and the orders issued for installation of additional machinery in her saw mill. The petitioner was also asked through the said notice to submit her explanation within 15 days. Aggrieved by the same, the present writ petition is filed.
3. Learned counsel for the petitioner submits that the respondent authorities have communicated that they have cancelled the permission granted to the petitioner at the time of issuance of notice to submit her explanation. He also contends that even the Principal Chief Conservator of Forests issued proceedings in Ref.No.15361/2011/Prod-3, dated 31-07-2014 stating that before cancelling the permissions, a show cause notice and a reasonable opportunity shall be given, but the proceedings indicated that already permission are cancelled, which is prima facie in violation of principles of natural justice.
4. Heard the learned Government Pleader for Forests.
5. Having regard to the facts and circumstances of the case, without going into the merits of the case, I deem it appropriate to direct the petitioner to submit her explanation within a period of three (3) weeks from today in pursuance of the show cause notice dated 18-08-2014 and thereafter, the respondent authorities may pass appropriate orders thereon in accordance with law. However, till such orders are passed, no coercive steps shall be taken by the respondents in this regard.
With the above direction, the writ petition is disposed of.
No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 10-09-2014 Ksn