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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 ..... tten to the respondent No.3 for seeking consent for sending a team from the Forest Department of Andhra Pradesh to visit and inspect the stock kept by the petitioner. Moreover, a request was made to keep the concerned Field Officers ready for extending necessary cooperation to the visiting team. However, despite the request made by the Principal Chief Conservator of Forest, Andhra Pradesh no reply has been given to the said letter. Therefore, until and unless the Officers of the Andhra Pradesh were to come and verify the legality of the stock kept by the petitioner, the Certificate of Origin cannot be issued. In order to resolve the difficulty being faced by the petitioner, this Court directs the respondent No.4 to send his team of offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ogs 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 petitioner is engaged in the business of purchasing RS in the auctions held by the Forest Department, and exporting the same outside India. According to the petitioner, RS grow only in South India, and it is an endangered tree species. Mostly, the RS grows in the States of Andhra Pradesh, Karnataka and Tamil Nadu. Moreover, the export of RS is governed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora ( the CITES for short). The CITES is an international body, which controls the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 RS under the custody of private individual. According to the said clarification if RS is exported from a State other than Andhra Pradesh, the Certificate of Origin of the material, whether it is of confiscated origin or artificially propagated , must be issued by the Principal Chief Conservator of Forests (PCCF) of the State from where the export is to take place based on the documents of procurement and custody of stocks available with the applicant . 6. Further, according to the petitioner, on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit 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 petitioner is required to submit a Certificate of Origin. Despite his repeated requests for the same, the Certificate of Origin has not been issued so far to him. Meanwhile, the petitioner is faced with a deadline i.e. 31.12.2019 for exporting the stock lying with him. Secondly, by letter dated 24.10.2019, the Principal Chief Conservator of Forests, Andhra Pradesh had requested for consent from the Principal Conservator of Forests, Telangana to permit his team to come and inspect the stock lying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 learned counsel for the parties and perused the impugned order and the record. 12. A bare perusal of the procedure published for obtaining export authorization, dated 25.10.2018, clearly reveals that an applicant has to file the Certificate of Origin along with his application. Until and unless the said certificate is filed along with the application, the permission cannot be granted. 13. Admittedly, the petitioner has repeatedly represented to the respondent No.3 to grant the Certificate of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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