Jagan Nath Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15537 of 2017 ====================================================== Jagan Nath Das Son of Laxmi Das, Resident of Village- Donwari, Ladniya, Police Station- Ladaniya, District- Madhubani. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Chief Conservative of Forest, Bihar, Patna. 3.

The Divisional Forest Officer, Darbhanga Division, Darbhanga. 4.

The Chairman cum-Commissioner, Saw Mill Selection Committee, Darbhanga, Divisional Darbhanga.

5.

The Conservative Forest Officer, Muzaffarpur, Anchal Muzaffarpur, DistrictMuzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Prasad, Advocate For the State :

Mr. Raghwanand, GA-11 :

Mr. Pratik Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner Mr. Ashok Kumar Prasad and Mr. Raghwanand, learned GA-11 for the Respondent-State.

2. With the consent of both the parties, this writ application is being disposed at the present stage.

3. The petitioner in the present writ application has prayed for issuance of mandamus upon the respondents to include the Saw Mill of the petitioner in the selection list on the basis of seniority in light of the order/judgment dated 13.07.2016 passed by learned Additional Sessions Judge-II, Madhubani in Miscellaneous Appeal No. 08 of 2013. Learned

Patna High Court CWJC No.15537 of 2017(2) dt.13-05-2025 2/3 counsel for the petitioner further submits that in light of this judgment passed in M.A. No. 08 of 2013, the petitioner had filed a representation dated 20.01.2017 before the Divisional Forest Officer-cum-Licensing Officer, Darbhanga (respondent no. 3) praying therein to include his Saw Mill after renewing his license in light of the judgment passed in M.A. No. 08 of 2013. Despite the fact that this representation was filed in January 2017, till today, the same is pending and has not been disposed of by the Divisional Forest Officer-cum-Licensing Officer, Darbhanga (respondent no. 3).

4. Learned counsel appearing for Respondent-State has no answer to the fact that as to why the representation has not been disposed of/decided by the Divisional Forest Officercum-Licensing Officer, Darbhanga (respondent no. 3) despite its pendency for last almost more than eight years.

5. Learned counsel for the petitioner submits that he would be satisfied if an appropriate direction is issued to the Divisional Forest Officer-cum-Licensing Officer, Darbhanga (respondent no. 3) to dispose of his representation (Annexure-3 to the writ application) within a fixed time frame.

6. Respondent-State does not have objection to this prayer being made by the learned counsel for the petitioner.

Patna High Court CWJC No.15537 of 2017(2) dt.13-05-2025 3/3

7. In view of the above, the Divisional Forest Officercum-Licensing Officer, Darbhanga (respondent no. 3) is hereby directed to dispose of the representation dated 20.01.2017 filed by the petitioner within four weeks from today, after giving an opportunity of hearing to the petitioner. The order passed by the respondent no. 3 shall be a reasoned and speaking order.

8. With the aforesaid observation and direction, the present writ application stand disposed of.

(Alok Kumar Sinha, J) Gaurav Sinha/- U