Law:

Section:

CONSOLIDATED JUDGMENT MUHAMMAD YOUNIS THAHEEM, J.- Since through instant writ petition bearing No. 593-M of 2014 titled "Haji Amir Rahman & others vs. Govt: of Khyber Pakhtunkhwa & others" and connected writ petition bearing No. 192-M of 2016 titled "Aurang Zeb & others vs. Govt: of Khyber Pakhtunkhwa & others" , the petitioners of both the connected petitions have challenged the impugned Notification No. SO (Tech)/ED/V-105/2013/Vol:VIII/43]-440 dated 24/25.01.2014 issued by respondent No. 1, vide which the government/respondents imposed duty/tax etc. upon the local transport of 'Banafsha' and 'Mashrooms' (Guchi), therefore, these both are disposed of by way of this single judgment. 2. Brief facts of the cases are that petitioners are local inhabitants of District Swat, Malakand Division and running business of medicinal herbs 'Banafsha' and 'Black Mashrooms' locally known as 'Guchi'. The respondent No. 1 i.e. Govt: of Khyber Pakhtunkhwa through Secretary Forest and Environmental Department, Peshawar issued the above-referred impugned notification and imposed duty/ tax or compensation upon the local transporters of 'Banafsha' and said 'Mashrooms'. 3. The respondents were put on notice, who submitted their comments, wherein it has been mentioned that the impugned notification has been issued in light of provision of the powers vested vide section 110 & 115 of the Khyber Pakhlunkhwa Forest Ordinance, 2002 with adding information that 'Mushrooms and medicinal plants of 'Banafsha' have been a Forest Produce and squarely comes within the ambit of Section 2(19)b(ii) of Khyber Pakhtunkhwa Forest Ordinance, 2002 read with rule-2 (1), of the Khyber Pakhtunkhwa Compensation for Forests Offences And Value of case property Rules, 2004. 4. The main stance of the petitioners is that the medicinal herbs of 'Banafsha' and 'Mushrooms' do not come under the ambit of Forest Produce, as 'Banafsha' is herb, while 'mashrooms' is considered as vegetable. In this regard, they also relied upon certain notifications placed on record, wherein it has been stated that after promulgation of the Forest Ordinance, 2002, the provincial government issued two Notifications on…

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