M/S Gopi Krishna Kejriwal Saw Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4719 of 2016 ====================================================== M/s Gopi Krishna Kejriwal Saw Mill, Pandaul, P.S. Pandaul, Distt. Madhubani, a Proprietorship firm through its Proprietor Gopi Krishna Kejriwal, son of Sri Raj Kumar Kejriwal, resident of village Mokrampur, P.S. Sakri, Distt. Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Chief Conservator of Forest, Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna.

3.

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

4.

Md. Shamshad, Son of Md. Naseem, resident of village - Sakri, P.S. Sakri, District - Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry, Advocate.

For the State :

Mr. Sitaram Yadav, G.P. 16.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 03-04-2019 Heard Mr. Vinay Mistry, learned counsel for the petitioner and Mr. Sita Ram Yadav, G.P. 16, counsel appearing on behalf of the State.

Petitioner is aggrieved by the order dated 23.12.2017 bearing Memo No.2363 dated 31.12.2014 as contained in Annexure-9, by which, licence of the Saw Mill of the petitioner has been cancelled.

Counter affidavit has been filed on behalf of the State. It is mentioned in paragraph-30 of the counter affidavit that against the impugned order, Appeal is maintainable before the Appellate

Patna High Court CWJC No.4719 of 2016 dt.03-04-2019 2/2 Authority cum Conservator of Forests, Muzaffarpur, as provided under Section 12 of Bihar Saw Mills (Regulation) Act, 1990 and Rule 9 of Bihar Saw Mills (Regulation) Rules, 1993. In such circumstances, this writ petition is disposed off with direction to the petitioner to file Appeal before the appropriate authority within a period of one month from the date of this order. The Appellate Authority will pass final order in the Appeal in accordance with law within a period of three months from the date of filing of appeal by the petitioner. The limitation, if any, in filing the Appeal will be condoned by the Appellate Authority since petitioner was pursuing the remedy before this Court.

It is made clear that this Court has not expressed any opinion on the merit of impugned order.

(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08/ 04/2019 Transmission Date