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Patna High CourtCWJC/3717/2026disposed

Binod Mistri v. The State Of Bhar

2026-06-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3717 of 2026 ====================================================== 1.

Binod Mistri Son of Shyampad Mistri, Resident of Village- MubarakpurKurtha, P.S.- Kurtha, District- Arwal. 2.

Ramji Mistri @ Ramji Sharma, Son of Ram Ekbal Mistri, Resident of Village- Mubarakpur- Kurtha, P.S.- Kurtha, District- Arwal. 3.

Shri Ram Mistri, son of Ram Swaroop Mistri, Resident of Village Chamandi, P.S.- Kurtha, District- Arwal.

... ... Petitioner/s

Versus

1.

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

The Principal Chief Conservator of Forest, Bihar, Patna. 3.

The Licensing Officer-cum-Divisional Forest Officer, Aurangabad Forest Division, Aurangabad.

4.

The Ranger, Arwal Forest Range, Arwal.

5.

The Conservator of Forest, Gayaji Circle, Gayaji. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Government Pleader 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2026 Learned counsel for the petitioners prays for and is allowed to implead the Conservator of Forest, Gayaji Circle, Gayaji as respondent no.5 in course of the day.

2. Heard the parties.

3. The present petition has been preferred for the following relief/s:

(i) for issuance of a writ in the nature of certiorari for quashing of the Order bearing Memo 2729 No. dated 19.12.2025, Memo

Patna High Court CWJC No.3717 of 2026(2) dt.18-06-2026 2/3 No. 2730 dated 19.12.2025 and Memo No.

2728 dated 19.12.2025 (Annexure-P-7 Series) in Confiscation Case No. 02 of 2025, Confiscation Case No 01 of 2025 and Confiscation Case No. 04 of 2025 has been passed by the Authorised Officer-cumDivisional Forest Officer, Aurangabad Forest Division, Aurangabad whereby the seized articles has been confiscated under Section-13 of the Bihar Saw Mills (Regulation) Act, 1990;

(ii) for issuance of a writ in the nature of mandamus directing the Respondents to release 18" diameter saw mills (seized articles) so that the petitioner could used the same for manufacturing of furniture in the facts and circumstances of this case;

(iii) for issuance of other writ(s) order(s) direction(s) as your Lordships may deem, fit and proper in the facts and circumstances of this case.

3. After some argument, Mr. Vinay Mistry, learned

Patna High Court CWJC No.3717 of 2026(2) dt.18-06-2026 3/3 counsel for the petitioners submit that he shall be challenging the order passed by the respondent no.03, the Licensing Officer cum-Divisional Forest Officer, Aurangabad Forest Division, Aurangabad before the respondent no.5, the Conservator of Forest, Gayaji Circle, Gayaji in next four weeks.

4. Learned State counsel representing the respondents submits that if such petition is preferred in next four weeks, it shall be taken up and a reasoned order shall be passed.

5. In that background, the writ petition is disposed of allowing the petitioners to approach the concerned respondent within a period of four weeks who shall be passing a reasoned order in accordance with law at an earliest.

(Rajiv Roy, J) Ravi/Shivangi U