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2008 DIGILAW 1902 (ALL)

JAGDISH NARAIN COAL DEPOT, ALLAPUR, ALLAHABAD v. STATE OF U. P.

2008-09-08

A.P.SAHI, ASHOK BHUSHAN

body2008
JUDGMENT By the Court.—Heard learned counsel for the petitioners and learned Standing Counsel. 2. Prayer made in the writ petition is for quashing the order dated 9.8.2004 (Annexure-4 to the writ petition), whereby the petitioners have been called upon to get themselves registered in the circle through which they are entering from another State. 3. The impugned order clearly recites that whenever such transit of goods is made, it is necessary to get it registered in the circle through which the goods are seeking entry as per Rule 21 of the U.P. Transit of Timber and Forest Produce Rules, 1978. 4. Learned counsel for the petitioners contends that the impugned order is erroneous inasmuch as the petitioners have already been issued a certificate which is valid throughout the State of U.P. a copy of said certificate has been filed as Annexure-1 to the writ petition. 5. Having heard learned counsel for the parties and perused the aforesaid document, we find that Rule 21 clearly specifies that such foreign pass must be in a form which has to be registered in the office of the Conservator of Forest of the Circle into which it is sought to import forest produce. The certificate which is relied by the petitioner is not with regard to the circle of Agra. The contention put forth by learned counsel for the petitioner is that the certificate issued by Bundelkhand Circle is valid throughout the State of U.P. would not be acceptable, inasmuch as the point of entry if is Bundelkhand, it would cover the goods which are entered at Bundelkhand circle only and not in any other Circle. In the instant case, it is not disputed that the goods are sought to be transported from Agra. Accordingly, we do not find any merit in the contention advanced by learned counsel for the petitioners. 6. The writ petition lacks merit and is dismissed. Petition Dismissed. ————