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TMI Blog2019 (11) TMI 1539X X X X Extracts X X X X X X X X Extracts X X X X ..... with details of RS (RS: for short) wood lots converted, furniture sizes, planks and other value added products obtained from each RS wood lot and photographs of the materials so obtained (b) arrange the RS wood logs in Lot Wise and T.P wise, enabling for inspection by the officials of Andhra Pradesh in ease manner, and (c) furnish copies of the transit permits through which he has transported the above RS logs from various depots of AP to his RS storage depot located at Yadadri district, date on which said RS logs were received in the said depot, after its receipt in the depot, whether he has entered the same in the register and got verified by the concerned DFO, Yadadri-Bhuvanagiri. 2. Briefly, the facts of the case are that the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25.10.2018, the Ministry of Commerce and Industry, Government of India, had issued the procedure for obtaining export authorization for export of restricted items under Schedule 2 ITC(HS) Classification of Export and Import Items, 2018. The said schedule includes the export of RS. According to the said procedure, online application process was permitted by the Department of General Foreign Trade ("DGFT" for short). However, the online application has to be accompanied with the Certificate of Origin. 5. On 11.10.2018, the Ministry of Environment, Forests and Climate Change, Government of India, had clarified to the Principal Chief Conservators of Forests of all the States with regard to the issuance of Certificate of Origin in respect of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d this Court that the process has already been initiated with the respondent No.4, the Principal Chief Conservator of Forests, State of Andhra Pradesh, by order dated 30.09.2019, this Court has merely directed the respondent No.3 to complete the process and communicate its decision to the petitioner within a period of four weeks. Once the order dated 30.09.2019 was brought to the notice of the respondent No.3, the respondent No.3 has issued the impugned communication to the petitioner. Hence, this writ petition before this Court. 8. Mr. V. Srinivas, learned counsel for the petitioner, has raised the following contentions before this Court:- Firstly, according to the procedure prescribed for applying for permission to export RS, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion is carried out, the Certificate of Origin cannot be issued. Moreover, according to the clarification already given by the Ministry of Environment, the Certificate of Origin has to be given by the State Forest Department under whose jurisdiction the stock is presently kept. Lastly, it is not for the Forest Department of the State of Telangana or the State of Andhra Pradesh to decide whether the RS can be exported in the form of logs or as VAP. The said decision, necessarily, has to be taken by the Central Government. However, due to the omission on the part of the respondent Nos.3 and 4, the petitioner is not even in a position to submit his application to the Government of India for seeking permission to export the RS. 11. Heard the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s directed to ensure that the concerned Field Officers are ready to receive the team from the State of Andhra Pradesh. The petitioner is directed to ensure that his stock is kept in such a way that it would be easy for the inspecting team to identify and verify the stock. After completing the inspection, the respondent Nos.3 and 4 are directed to give an opportunity of hearing to the petitioner before deciding whether his Certificate of Origin shall be issued to him or not. In case, they discover that he is eligible for the issuance of the Certificate of Origin, the same shall be issued to him immediately, after giving him an opportunity of hearing. The said exercise shall be carried out by the respondents positively by 06.12.2019. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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