Court No. - 34
Case :- WRIT - C No. - 7444 of 2018 Petitioner :- Maenuddin Respondent :- State Of U.P. Through Personal Secretary Forest Dept. And 2 Others Counsel for Petitioner :- Manoj Vashisth Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for petitioner, learned Standing Counsel for State of U.P. and perused the record.
2. Grievance of petitioner is that he has applied to obtain licence for running saw mill but that has not been provided by respondent no. 3 - Regional Director, Social Forestry Department, Meerut, but when questioned could not dispute that matter is governed by Uttar Pradesh Establishment and Regulation of Saw Mills Rules, 1978 has amended by the Uttar Pradesh Establishment and Regulation of Saw Mills (Sixth Amendment) Rules, 2017 (hereinafter referred to as 'Rules, 2017'), wherein an application for obtaining licence has to be made through online system to State Level Committee under Rule 4 of Rules, 2017, which reads as follows :
"Application for obtaining license 4- Any person desiring to establish, erect or operate any wood based industry shall make an application in that behalf to the State Level Committee for obtaining a license in e-format prescribed by the State Level Committee. The application shall be made and disposed off through online system only as developed by U.P. Forest Department on behalf of State Level Committee. No application shall be disposed off manually. This online system shall be developed to facilitate public viewing and tracking status of application and their disposal."
3. There is nothing in the entire writ petition showing that any such application as prescribed under Rules, 2017 has been made and submitted till date by petitioner. Therefore, the letter/application dated 12.08.2017 (Annexure No. 3) addressed to Regional Director, Social Forestry Department, Meerut, cannot be said to be in conformity with Rule 4 of Rules, 2017. Hence, no relief as prayed can be granted since petitioner has not applied for license as provided under the Rules.
4. Dismissed accordingly.
Order Date :- 28.2.2018 A. Verma