M/S S.R.Timber Hilsa And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1772 of 2015 ======================================================

1. M/s S.R.Timber, Hilsa, P.S. Hilsa, District- Nalanda, a Proprietorship firm through its Proprietor Mahendra Prasad son of Late Mahavir Sharma, resident of Hilsa, P.S. Hilsa, District- Nalanda.

2. M/s Saw Mill, Chandi, P.S. Chandi, District- Nalanda, a proprietorship firm through its Proprietor Sheetal Mistri son of Late Sri Ram Kishun Mistri, resident of Chandi, P.S. Chandi, District-Nalanda. .... .... Petitioners

Versus

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

2. The Principal Chief Conservator of Forest, Government of Bihar, Patna.

3. The Licencing Officer-cum-Divisional Forest Officer, Nalanda Forest Division, Biharsharif.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistri For the Respondent/s : AC to GP - 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

11-08-2015 Heard Sri Vinay Mistri, learned counsel for petitioners and learned A.C. to Govt. Pleader - 12.

In the present writ petition, petitioners have prayed for directing the respondents to grant permission for transferring the location of their saw mills from the present place. However, at the time of hearing, learned counsel for petitioners confined their prayer to the extent that the licensing authority i.e. respondent no. 3/Divisional Forest Officer, Nalanda Forest Division, Biharsharif may be directed to dispose of their applications i.e. Annexure - 1 & 2 respectively to the writ petition.

Patna High Court CWJC No.1772 of 2015 (2) dt.11-08-2015 2/2 In view of limited prayer made by learned counsel for petitioners, the Court is of the opinion that without calling for any counter affidavit, the writ petition can be disposed of. Accordingly, this writ petition stands disposed of with an observation that respondent no. 3/Licencing Officer-cumDivisional Forest Officer, Nalanda Forest Division, Biharsharif may take decision on the representations of petitioners i.e. Annexure - 1 & 2 to the writ petition in accordance with law, preferably; within a period of six weeks from the date of receipt/production of a copy of this order. If petitioners approach the authority concerned, they are required to produce copy of the writ petition alongwith order of this Court.

With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J.) Anay U