M/S Gopal Krishna Saw Mill v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4497 of 2024 ====================================================== M/s Gopal Krishna Saw Mill Mangura Tappu, P.S Bahadurganj, District Kishanganj a partnership firm through its partner Nani Gopal Datta, aged about 49 years, son of Late Amrendra Nath Data, Resident of Village-Tulsia Puranhat, P.S. Dighalbank, District-Kishanganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Environment, Forest and Climate Change, Government of Bihar, Patna.
2.
The Principal Chief Conservator of Forest, Bihar, Patna. 3.
The State Level Committee for Wood-based Industries, Bihar, Patna. 4.
The Licensing Officer cum Divisional Forest Officer, Araria Forest Division, Araria.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Adv.
For the Respondent/s :
Mr. Sanjay Kumar, A.C. to G.P. 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2024 Heard Mr. Vinay Mistry, learned counsel for the petitioner and the State.
2. The present writ petition has been preferred for the following relief(s):
"i) for issuance of a writ in the nature of certiorari for quashing of the Letter No. 2365 dated 28.08.2023 (Annexure-P-3) issued by Principal the Chief Conservator of Forest, Bihar, Patna whereby the Divisional Forest Officers have been directed to close down the operation of illegal saw mills and to take legal appropriate action against such saw mills
Patna High Court CWJC No.4497 of 2024(2) dt.26-09-2024 2/3 forthwith as the saw mills of the petitioner does not come within the ambit of illegal saw mills under the Bihar Saw Mills (Regulation) Act, 1990;
(ii) for issuance of writ in the nature of mandamus directing the Respondent No.4 to dispose of the objection/ representation of the petitioner dated 29.12.2023 (Annexure-P-4) requesting therein to allow the petitioner to run the saw mill till such time the matter is finally decided by the State Level Committee for Wood-Based Industries, Bihar, Patna the in circumstances of this case. facts and circumstances of this case;
(iii) for issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."
3. It is the contention of the learned counsel for the petitioner that a representation is already pending before the Divisional Forest Officer, Araria Forest Division, Araria which needs to be disposed of.
4. Learned State Counsel submits that if the same has still not been disposed of, the same will be taken up for consideration at an earliest.
5. Granting said liberty without making any comment,
Patna High Court CWJC No.4497 of 2024(2) dt.26-09-2024 3/3 this Court would expect that the concerned respondent shall dispose of the matter at an earliest.
6. Accordingly, the writ petition stands disposed of. (Rajiv Roy, J) Vijay Singh/- U