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Patna High CourtCWJC/1781/2022disposed

M/S Dilip Kumar Timber v. The State Of Bihar

2022-02-11The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1781 of 2022 ====================================================== M/S Dilip Kumar Timber Gola Road, Taregna- Masaurhi, P.S.- Masaurhi, District - Patna, a proprietorship firm through its Proprietor Monu Kumar aged about 32 years, son of Late Sukdheo Mistri, Resident of Mohalla Gola Road, Taregna-Masaurhi, P.S.- Masaurhi, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Environment and Forest, Government of Bihar, Patna. 2.

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

The Licensing Officer-Cum-Divisional Forest Officer, Patna Forest Division, Patna.

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

For the Petitioner/s :

Mr.Vinay Mistry, Adv For the Respondent/s :

Mr.Sarvesh Kr. Singh (AAG13) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 11-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(I) For issuance of a writ in the nature of mandamus directing the Respondent No. 3 Licensing Officer cum Divisional Forest Officer, Patna Forest Division, Patna to restore and renew the saw mill license baring License no. 206 of 1995 of the petitioner in terms of Section 19 of the Bihar Saw Mill (Regulation) Act, 1990 for which the petitioner has filed a detailed representation before the Licensing officer cum Divisional Forest Office,r Patna, Forest Division, Patna on 13.12.2021 as contained in Annexure-2 to this writ application and the same is still pending for consideration before the Licensing Officer.

2/4 (ii) For issuance of a writ in the nature of mandamus directing the respondent authorities not to disturb the operation of saw mill under the control and possession of the petitioner till such time the matter is decided by the Licensing Officer and the same is approved by the State Level committee of Wood-Based Industries, Bihar, Patna in the facts and circumstances of the case." After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned i.e. respondent no. 2 Chairman, State Level Committee for Wood-Based Industries, Bihar-cum-Principal Chief Conservator of Forest, Bihar, Patna, to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order. Statement accepted and taken on record.

As such, petition stands disposed of on the following terms:- (a) Petitioner shall approach the authority concerned

3/4 within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;

(c) The order assigning reasons shall be communicated to the petitioner;

(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently

4/4 on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All issues are left open;

(j) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA