Orissa High Court
Unknown vs W on 27 January, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
W
W.P.(C) NO. 35475 OF 2020
03. 27.01.2021 Due to outbreak of COVID-19, this matter is
taken up through Video Conferencing.
Heard Mr. Arun Kumar Mishra, learned Addl.
Government Advocate for the State-petitioner.
The petitioner-State in this writ petition seeks to
challenge the order dated 06.03.2020 (Annexure-3)
passed by learned District Judge, Keonjhar in FAO
No. 14 of 2019, wherein learned District Judge relying
upon the decision of this Court in the case of State of
Orissa -v- Dharanidhar Pradhan, reported in 2019 (II)
OLR 304, holding that no transit permit is required for
transportation of laterite stone under the Orissa Timber
and other Forest Produce Transit Rules, 1980 (for short
'the Rules'), has allowed the appeal under Section
56(2)(e) of the Orissa Forest Act, 1972 (for short 'the
Act').
It is the contention of Mr. Mishra, learned Addl.
Government Advocate for the State-petitioner that sub-
section (g) of Section 2 of the Act defines 'forest
produce'. Sub-clause (d) of Clause-(ii) of Section 2(g)
reads as follows:
"(a) to (c) xxx xxx xxx
(d) peat, surface oil, rock, sand and minerals
(including limestone, laterite, mineral oils
and all products of mines or quarries)".
He further refers to sub-rule (2) of Rule-2 of the
Rules, which reads as follows:
2
"(1) xxx xxx xxx
(2) All words and expressions used but not
defined in these rules shall have meaning
respectively assigned to them in the Act."
Rule-4 of the Rules deals with 'Transit Permits'.
It provides that except as provided in Rule 5, all forest
produce in transit by land, rail or water shall be covered
by a permit hereinafter called the "Transit Permit" to be
issued free of cost by the Divisional Forest Officer or by
Assistant Conservator of Forests authorized by him in
that behalf.
Rule-5 of the Rules does not exempt a Transit
Permit for the laterite stone.
It is his submission that 'Moorum' is a by-
product of 'Laterite' and is a mineral. These aspects
were not brought to the notice of this Court in the case
of Dharanidhar Pradhan (supra). Thus, he submits
that transportation of laterite stone from the forest area
requires Transit Permit under Rule 4 of the Rules.
In view of such submission, the matter requires
consideration.
Issue notice to the opposite parties by registered
post with A.D. fixing a short returnable date.
Requisites shall be filed by 29.01.2021.
List this matter on 26.02.2021.
.................................
K.R. Mohapatra, J.
3 I.A. No. 15304 of 2020 04 27.01.2021 Heard.
Issue notice as above.
Accept one set of process fee. As an interim measure, there shall be stay operation of the order dated 06.03.2020 (Annexure-3) passed by learned District Judge, Keonjhar in FAO No. 14 of 2019 till the next date.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court's Notice No.4587 dated 25.03.2020.
................................. K.R. Mohapatra, J.
bks