M/S Amir Timber, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8182 of 2021 ====================================================== M/s Amir Timber, Panshalwa - Mankauli, P.S. - Singhwara, DistrictDarbhanga, a Proprietorship firm through its Proprietor Shambhu Shankar Gupta, aged about 51 years (Male), Son of Kapil Shankar Gupta, Resident of Village - Panshalwa- Mankauli, P.S. - Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.

2.

The Chairman of State Level Committee for Wood - based Industries, Biharcum-Principal Chief Conservator of Forest- Bihar, Patna. 3.

The Licensing Officer - cum - Divisional Forest Officer, Mithila Forest Division, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanket, Advocate For the Respondent/s :

Mr.Anant Prasad Singh ( SC 15 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-01-2022 Petitioner has prayed for the following relief(s):- i. For issuance of a writ in the nature of mandamus directing the Respondent No.2-Chairman of State Level Committee for Wood-based Industries, Bihar to dispose of the petition dated 17.2.2020 (Annexure-3) filed by the petitioner to include the petitioners Saw Mill in the seniority list of Saw Mills within a district of Darbhanga and accordingly to renew the license bearing License No. 41 of 2002 in view of the decision taken by the

Patna High Court CWJC No.8182 of 2021(2) dt.03-01-2022 2/3 State Level Committee in the minutes dated 26.9.2019 in the facts and circumstances of the case.

(ii) For issuance of a writ in the nature of mandamus directing the Respondents not to take any coercive action against the petitioner till the disposal of the petition dated 17.2.2020 in the facts and circumstances of the case.

(iii) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file a fresh petition (objection petition) before the authority concerned for redressal of the grievances within a period of four weeks. Prayer allowed.

The present application is, accordingly, disposed of as withdrawn with the liberty aforesaid.

Shri Anant Prasad Singh, learned SC 15, states that if such a petition is filed within the time stipulated above, limitation shall not be allowed to come in the way of its consideration and decision on merits since the petitioner has been pursuing remedies before this Hon'ble Court.

Patna High Court CWJC No.8182 of 2021(2) dt.03-01-2022 3/3 If such a petition is filed by the petitioner within the stipulated time, the authority concerned is directed to consider the same and dispose it of expeditiously and preferably within a period of six months thereafter.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Sanjeev Prakash Sharma, J) K.C.Jha/- U