M/S Dashrath Furniture House v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15005 of 2016 ====================================================== M/s Dashrath Furniture House, Kolodihari, P.S.-Chouri, District- Bhojpur, a proprietorship firm through its Proprietor Dashrath Saharma, son of Sri Ghurhu Sharma, resident of village - Kolodihari, P.S. - Chouri, District - Bhojpur.

... ... 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, Patna. 3.

The Divisional Forest Officer, Bhojpur Forest Division, Ara. 4.

The Ranger, Forest Range, Piro, District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 19-04-2019 Prayer has been made to issue writ of mandamus directing the respondents to ensure the opening of 18" diameter of circular and vertical Band Saw for manufacturing of furniture, which has been closed by Respondent No.4 on 05.08.2016 without giving opportunity of being heard to the petitioner as 18" diameter Saw Mill is exempted from the purview of Bihar Saw Mills (Regulation) Act, 1990 and the same has been recommended by the Central Empowered Committee vide its recommendation dated 11.06.2008 as well as Resolution bearing Memo No.3959 dated 24.12.2012.

Patna High Court CWJC No.15005 of 2016 dt.19-04-2019 2/3 Counter Affidavit has been filed on behalf of the State. It has been mentioned in para 6 of the Counter Affidavit that Range Officer of Forests, Piro, (Respondent No.4) was asked to submit his report regarding closure of Saw Mill of the Petitioner on 05.08.2016. The Respondent No.4 has informed by his Letter No.52 dated 06.03.2018 that no action has been taken on 05.08.2016 against any Saw Mill of the Petitioner. Xerox copy of Letter No.52 dated 06.03.2018 is annexed as Annexure- A to the Counter Affidavit.

It has been mentioned in para 11 of the Counter Affidavit that in accordance with guidelines issued by the Govt. of India, amendments are to be made in Bihar Saw Mill (Regulation) Act, 1990, and Bihar Saw Mills (Regulation) Rules, 1993. In the instant case also, the Petitioners may be directed to establish and operate the Saw Mill for his furniture unit in terms of guidelines issued by the Govt. of India.

Counsel for the Petitioner submits that in similar matter a co-ordinate Bench of this Court by order dated 26.04.2013 passed in CWJC No.21755 of 2012 with CWJC No.22095 of 2012 has allowed writ applications and restrained the respondents from interfering with the running of the 18" diameter Saw Mills of the

Patna High Court CWJC No.15005 of 2016 dt.19-04-2019 3/3 Petitioners in terms of the Resolution Dated 24.12.2012 of the State Government.

In such circumstances, this writ application is allowed with direction to the respondents to not interfere with the running of the 18" diameter Saw Mills of the Petitioner in terms of the Resolution Dated 24.12.2012 of the State Government.

This writ application is, accordingly, allowed. (Sanjay Priya, J) J. Alam/- AFR/NAFR AFR CAV DATE N/A Uploading Date 26-04-2019 Transmission Date N/A