M/S P. K. Industries v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1729 of 2017 ====================================================== M/s P. K. Industries Son of Late Dinanath Choudhary, resident of village - Jarangi Bagahi, P.S. Piar, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Chief Conservator of Forest, Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna 3.

The Licensing Officer - Cum - Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the Respondent/s :

Mr.Dhurjati Kumar Prasad-Gp14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-01-2020 Heard both sides.

The petitioner being aggrieved by the order dated 16.12.2016 passed by the Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur (Annexure-5), by which the petitioner was informed that his veneer mill does not come within the seniority list to be allowed to run and accordingly renewal of license of the veneer mill of the petitioner was refused, filed this writ petition with a prayer to quash the aforesaid order of the Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur.

The learned counsel for the petitioner submits that seniority list, as prepared by the Divisional Forest Officer, has

Patna High Court CWJC No.1729 of 2017(3) dt.23-01-2020 2/2 been quashed by this court vide judgement and order dated 12.04.2019 passed in CWJC No. 2862 of 2015 and other analogous cases with a direction to the authority to prepare a fresh seniority list in accordance with law.

In this view of the fact, the refusal to renew the license of veneer mill of the petitioner on the ground that the veneer mill of the petitioner does not come within the seniority list is non existent and the writ petition has become infructuous. It is submitted at the Bar that a State level committee to prepare the seniority list of the veneer mills/ saw mills has already been constituted.

Having considered the facts, this writ petition is disposed of with liberty to the petitioner to approach the committee if the petitioner has got any grievance. Till the preparation of seniority list of veneer mills/ saw mills the authority shall renew the license of the veneer mill of the petitioner.

With the aforesaid observation, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U