M/S Ramashish Sharma Mill And ANR v. The State Of Bihar And ORS

Patna High Court CWJC No.8547 of 2018 dt.15-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8547 of 2018 =========================================================== M/s Ramashish Sharma Saw Mill, Nawalpur, P.S. Nawalpur, District West Champaran, a proprietorship form through its Propritetor Ramashish Sharma, son of Chhatradhari Sharma, r/o. vill. Nawalpur, P.S. Nawalpur, Dist. West Champaran.

M/s National Plywood, Korabeldari, P.S. Bettiah-Mufassil, Dist. West Champraran, a Proprietorship form through its Proprietor Md. Shoaib Son of Syed Abdul Wahab, r/o. moh. Kalibagh, Bettiah, P.S. Bettiah Town, Dist. West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Environment & Forest Deptt., Govt. of Bihar, Patna.

2. The Principal Chief Conservator of Forest, Govt. of Bihar, Patna.

3. The Licensing Officer-cum-Divl. Forest Officer, Bettiah Forest Division, West Champaran.

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

For the Petitioner/s : Mr. Vinay Mistry For the Respondent/s : Mr. CHITTRANJAN SINHA (PAAG2) =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-05-2018 The present writ petition has been filed for the following reliefs:- (i) For issuance of a writ in the nature of mandamus directing the respondent no. 3 to dispose of the application dated 15.12.2016 and 10.10.2017 (Annexure-P/1) under Rule 4(g) of the Bihar Saw Mills (Regulation) Rules, 1993 for change of location of Saw Mills from old place to new place as since the aforesaid applications have not been decided by the respondent no. 3 in spite of the specific direction of the PCCF, Bihar, vide letter no. 3777 dated 01.10.2008. (ii) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper.

2. At the very outset, learned counsel for the petitioners

Patna High Court CWJC No.8547 of 2018 dt.15-05-2018 submits that it will suffice if the petitioners' representations (Annexure-1 series) filed before the Licensing Officer-cum-Divisional Forest Officer, Bettiah Forest Division, West Champaran (Respondent No.

3) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Licensing Officer-cum-Divisional Forest Officer, Bettiah Forest Division, West Champaran (Respondent No. 3) to consider and dispose of the petitioners' petitioners' representations (Annexure-1 series) if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. Chandran/BT (Vikash Jain, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 22.05.2018 Transmission Date NA