HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29821 of 2014 Date:08.10.2014 Between:
M.A.Hafeez, S/o Mahaboob Hussain . Petitioner And:
The Govt of Telangana, reptd by its Principal Secretary, Department of Forests, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri V.Hanmantha Rao Counsel for the Respondents: GP for Forests of Government of Telangana The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside memo No.502/For.I(2)/2014, dated 07.08.2014, of respondent No.1 and the consequential proceedings in Rc.No.17/RM5/1998, dated 17.09.2014, of respondent No.4.
At the hearing, learned Government Pleader for Forests of Government of Telangana has fairly conceded that before cancelling the earlier permission accorded to the petitioner for running a horizontal saw band in his saw mill, neither of respondent Nos.2 and 4 has issued notice to the petitioner.
In my opinion, the right vested in the petitioner for running a horizontal saw band in his saw mill could not have been taken away without issuing a prior notice calling for objections from him.
In this view of the matter, both the impugned proceedings are set aside. Respondent No.2 is directed to issue a notice to the petitioner calling for objections for the proposed cancellation. If such notice is issued, the petitioner shall submit his objections within the time stipulated in the notice. On receipt of the petitioner’s objections, respondent No.2 shall consider the same objectively, pass a reasoned order and communicate the same to the petitioner. Till this process is completed, the respondents shall not interfere with the running of the horizontal saw band in the petitioner’s saw mill.
The Writ Petition is, accordingly, allowed to the extent indicated above.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.37247 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
08th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY