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Patna High CourtCWJC/4622/2022disposed

M/S Sushila Ply And Veneer, v. The State Of Bihar,

2022-09-09Mr. Justice Dr. Anshuman,Mr. Justice Rajan Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4622 of 2022 ====================================================== 1.

M/s Sushila Ply and Veneer, Sendwari - Gajsingh, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Sheoji Roy, aged about 46 years (Male), Son of Chalitar Roy, Resident of Village - Sendwari - Gajsingh, P.S. - Motipur, District - Muzaffarpur. 2.

M/s Ayush Ply and Veneer, Nariyar Sethi, Nawada, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Sikandar Kumar, aged about 30 years (Male), Son of Fuldeo Roy, Resident of Village - Nariyar Sethi, Nawada, P.S. Motipur, District - Muzaffarpur. 3.

M/s Avikrit Ply and Veneer, Nariyar Sethi, Nawada, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Manoj Kumar Yadav, aged about 32 years (Male), Son of Ram Chandra Yadav, Resident of Village - Nariyar Sethi, Nawada, P.S. - Motipur, District - Muzaffarpur. 4.

M/s Jai Mata Di Veneer, Sendwari Purshottam, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Suresh Kumar, aged about 39 years (Male), Son of Shankar Pasad, Resident of Village - Sendwari Purshottam, P.S. - Motipur, District - Muzaffarpur. 5.

M/s Vishwakarma Ply and Veneer, Kalyanpur Harauna, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Guddu Roy, aged about 28 years (Male), Son of Vinod Roy, Resident of Village - Kalyanpur Harauna, P.S. - Motipur, District - Muzaffarpur. 6.

M/s Suryoday Ply and Veneer, Morsandi, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Subhash Kumar, aged about 22 years (Male), Son of Vinod Roy, Resident of Village - Morsandi, P.S. - Motipur, District - Muzaffarpur. 7.

M/s Shree Mukhlal Ply and Veneer, Morsandi, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Virbal Kumar Thakur, aged about 39 years (Male), Son of Mukhlal Thakur, Resident of Village - Morsandi, P.S. - Motipur, District - Muzaffarpur. 8.

M/s Vishkarma Ply and Veneer, Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Vikas Kumar, aged about 29 years (male), Son of Dharmdeo Sah, Resident of Village - Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur. 9.

M/s Jay Laxmi Ply and Veneer, Senduari Purushottam, P.S. - Motipur, District - Muzaffarpur, a proprietorship firm through its Proprietor Shashi Kumar Yadav, aged about 29 years (male), Son of Sukhdeo Roy, Resident of Village - Senduari Purushottam, P.S. - Motipur, District - Muzaffarpur. 10.

M/s Sri Siddhi Veneer, Gosaipur Tangraha, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Rupesh Kumar Singh, aged about 44 years (Male), Son of Paras Prasad, Resident of Village - Gosaipur Tangraha, P.S. Motipur, District - Muzaffarpur. 11.

M/s K.D. Ply and Veneer, Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Mewalal Bhagat, aged about 38 years (Male), Son of Sukdeo Bhagat, Resident of Village - Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur.

Patna High Court CWJC No.4622 of 2022(2) dt.09-09-2022 2/3 12.

M/s Sonu Plywood and Veneer, Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through its Proprietor Sanjay Kumar, aged about 33 years (Male), Son of Janak Bhagat, Resident of Village - Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur. 13.

M/s Brij Veneer and Saw Mill, Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur a proprietorship firm through Its Proprietor Brijkishore Roy, aged about 44 yeas, (male), Son of Khublal Roy, Resident of Village - Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Chairman, State Level Committee for Wood-based Industries, Bihar - Cum - Principal Chief Conservator of Forest, Bihar, Patna. 3.

The Regional Chief Conservator of Forest, Muzaffarpur Region, Muzaffarpur.

4.

The Licensing Officer - Cum - Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Sunita Kumari, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 09-09-2022 The matter has been heard via video conferencing. Heard learned counsel for the parties.

The present writ petition has been filed seeking a writ in the nature of mandamus to direct respondent no. 3 to decide the representation dated 11.02.2022 (Annexure 2) filed by the petitioners requesting him not to close down and dismantle the Veneer Mills of the petitioners without approval of

Patna High Court CWJC No.4622 of 2022(2) dt.09-09-2022 3/3 the State Level Committee as the said Committee is authorized to take a decision regarding grant of license/permission to the Wood-Based Industries in terms of order dated 05.10.2015 passed by the Hon'ble Supreme Court in Writ Petition (C) No. 202 of 1995.

Ms. Sunita Kumari, learned AC to AAG 13 accepts notice on behalf of the State and submits that the representation, if any, pending with the authority shall be decided at the earliest, in any case, not later than one month.

The writ petition stands disposed off.

(Rajan Gupta, J) ( Dr. Anshuman, J) P. Kumar U