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Judgment
K.L. Manjunath, J.—Petitioner is a Blacksmith by profession and is undertaking repair works of bullock carts. While manufacturing wooden wheels and other accessories required for the bullock carts, petitioner has installed 24" C.I. Bend Saw Machine, Respondents have seized the machine on 18.8.2000 on the ground that the same has been installed without obtaining any license. Therefore, present petition is filed by him contending that he is not liable to obtain a license to install such machine and to direct the respondents to return the seized machine.
By virtue of an interim order granted by this court, machine in question is released to the petitioner. Therefore, what is to be considered by this court in this writ petition is whether petitioner has to obtain license under the Karnataka Forest Rules, 1969 to install such a machine. Rule-163 provides for control of private saw pits, saw mills or any other sawing contrivances. Rule-163(1) & (2) reads as hereunder:
"163 Control of private saw pits, saw mills or any other sawing contrivances-
(1) No saw pit or any other hand-sawing contrivance for cutting or converting timber shall be established within the limits of any reserved forest, protected forest or district forest or within 2 kilometers of such limits or within the areas specified below, without obtaining a licence from the concerned Range Forest Officer-
Shimoga District.
Chickmagalur District.
Coorg District.
South Kanara District.
North Kanara District.
Hassan District excluding
channarayapatna & Holenarasipura Tq.
Khanapura Tq. of Belgaum Dist.
Kalghatgi, Hangal, Shiggaon & Dharwad Taluks of Dharwar Dist.
Sandur & Kudligi Tq. of Bellary Dist
Chincholi Tq. of Gulbarga Dist.
(2) No person shall establish a saw mill or any other sawing contrivance other than those specified in Sub-rule (1) for cutting or converting timber, anywhere in the State without obtaining a licence from the concerned Divisional Forest Officer.
(2A) No owner or proprietor of a saw mill or a saw pit or any other sawing contrivance existing on the date of commencement of the Karnataka Forest (Amendment) Act, 1974 shall run or use such mill, pit or contrivance for the purpose of cutting or sawing any tree or timber thereof after the expiry of three months from the date of commencement of the said Act without obtaining a licence from the concerned Divisional Forest officer".
From reading of Sub-rule(2) of Rule-163 it is clear that no person shall have any right to establish a saw mill or any other sawing controvances, for cutting or converting timber anywhere in the state without obtaining a license from the concerned Divisional Forest officer. It is not the case of the petitioner that he has installed machinery in question for the purpose other than cutting of wood. Therefore, this court is of the opinion that petitioner has to obtain licence under the karnataka Forest Rules, 1969 in order to install C.I. Bend Saw Machine 24"
In the circumstances, this petition is rejected. It is open for the petitioner herein to make necessary application before the respondents for grant of license. If such an application is filed, same shall be considered by the respondents in accordance with law. Three months time is granted for the petitioner to obtain license from the respondents.