SUKADEV SINGH Vs. STATE

JUDGEMENT

(1.) In these writ applications under Art.226 of the Constitution of India, the petitioners assail the action of the State Government and its officials refusing to grant T.T. Permit for export of fire-wood and Charcoal from the State to places outside it.

(2.) The petitioners carry on business in Charcoal and fire-wood. They purchase the same either from State agencies or private parties and sell the same either inside the State or transport the same for sale outside. Their applications for grant of Timber Transit Permit for transport of Charcoal or fire-wood, as the case may be, outside the State were either rejected vide Annexure-3 dt. 31-8-86 in O.J.C. No. 2515/85 or not processed as in the other two writ applications on the ground that a ban had been imposed on the export of Charcoal and fire-wood to places outside. Such actions of the State Government and its officials despite the decision of this Court in O.J.C. No. I078/81 (S. K. Shariff v. State of Orissa) decided on 27-7-1981, according to the petitioners, were liable to be deprecated. The right of the petitioners to carry on business was a fundamental right guaranteed under Art.19(1)(g) of the Constitution. Besides, the ban offended Art.301 of the Constitution.

(3.) In the return submitted by the opposite parties, the short and simple plea is that ban had been imposed "by the executive instructions issued from time to time by the State Government and Chief Conservator of Forests, Orissa, on export of firewood to outside the State" and that was the reason and basis for refusal to grant Timber Transit Permit. Reference has been made in the return to the minutes of the proceedings of the High level committee presided over by the Minister, Forests and to Government instructions, detailed enumeration whereof is unnecessary.