Chandrashekhar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4550 of 2019 ====================================================== Chandrashekhar Sharma, son of Sita Ram Sharma, resident of village- Sihe, P.S. and District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Forest, Govt. of Bihar, Patna, 2.

Divisional Forest Officer, Supaul, 3.

District Forest Officer, Supaul, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Respondent/s :

Mr. Anant Pd. Singh, SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 08-03-2019 This writ application has been filed for issuance of necessary direction to the Respondent No.2 to dispose off the representation filed by the Petitioner for grant of licence as contained in Annexure-1, which is pending in the office of the Respondent No.2 since 27.01.2018 for final order. Counsel for the Petitioner submits that he has filed application in prescribed format along with relevant documents for issuance of licence for the wood based industries, saw pit, up to 24" diameter on 20.01.2018. Xerox copy of the aforesaid application is enclosed as Annexure-1. It has been submitted that Petitioner was manufacturing the wood product under the Udyog Adhar Registration Certificate bearing No. BR36A0011650 dated

Patna High Court CWJC No.4550 of 2019 dt.08-03-2019 2/3 17.09.2018, namely M/s S. D. Kast Adharit Upkarn Nirman Udyog. The Petitioner has been presently issued licence for the wood of 18" diameter for manufacturing of wood products. The respondents always used to threaten the Petitioner that he is using more than 18" diameter wood for manufacturing the wood products. Therefore, petitioner applied for licence for using up to 24" diameter wood under the provisions of Bihar Wood Based Industries (Establishment & Regulation) Rules, 2017. The Petitioner filed several representations before the authority concerned on the aforesaid application, but the same is still pending. He has also filed application before the District Public Grievance Redressal Cell, Supaul, which was disposed off on 30.12.2017 with direction that the Petitioner may file necessary application for grant of licence for using wood of more than 18" diameter.

Under such circumstances, this writ application is disposed off with direction to the Respondent No.2 to pass appropriate order in accordance with law on the application filed by the Petitioner for grant of lience as contained in Annexure-1, which is still pending before him, after giving proper opportunity of hearing to the Petitioner and looking into all the relevant documents within a period of three months from the date of receipt/production of a

Patna High Court CWJC No.4550 of 2019 dt.08-03-2019 3/3 copy of this order. The Respondent No.2 will pass speaking order in the matter.

This writ application is, accordingly, disposed off. (Sanjay Priya, J) J. Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 14-03-2019 Transmission Date N/A