Maheshwar Mistri v. The State Of Bihar Through The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11357 of 2021 ====================================================== 1.
Maheshwar Mistri, Son of Late Kailash Mistri Resident of Village - Anti - Kadirganj, P.S. - Kadirganj, District- Nawada. 2.
Ramdeo Mistri, Son of Late kali Mistri Resident of Village - Dariyapur, P.S. Warsaliganj, District- Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.
2.
The Principal Chief Conservator of Forest - cum- Chairman of State Level Committee for Wood - based Industries, Bihar, Patna, Bihar, Patna. 3.
The Licensing Officer-cum- Divisional Forest Officer, Nawada Forest Division, Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Advocate For the Respondent/s :
Mr. Dhurjati Kumar Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ====================================================== Date : 04-01-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):- "(i) For issuance of a writ in the nature of Mandamus directing the Respondent No. 2 - Chairman of State Level Committee for Wood-based Industries,
2/4 Bihar to dispose of the petition dated 16.8.2020 (Annexure-3) filed by the petitioners for grant of license under Bihar Saw Mills (Regulation) Act, 1990 in terms of the order dated 5.10.2015 passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 202 of 1995 as the State of Bihar vide Memo No. 406 dated 3.12.2015 has already constituted State Level Committee under the Chairmanship of the Principal Chief Conservator of Forest, Bihar.
(ii) For issuance of a writ in the nature of mandamus directing the respondents not to take any coercive action against the petitioners till the disposal of petition dated 16.8.2020 in the facts and circumstances of the case.
(iii) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."
After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).
Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its
3/4 filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following terms:- (a) Petitioners shall approach the authority concerned i.e Respondent No. 2, namely The Principal Chief Conservator of Forest-cum-Chairman of State Level Committee for Woodbased Industries, Bihar, Patna within a period of four weeks from today by filing a representation for redressal of the grievance(s);
(b) The said authority shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;
(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;
(e) We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law,
4/4 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioners to approach the appropriate forum, if the need so arises subsequently on the same and subsequent cause of action;
(g) We have not expressed any opinion on merits. All issues are left open;
(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/KC Jha AFR/NAFR CAV DATE Uploading Date 08.01.2022 Transmission Date