M/S Dhaneshwar Sharma Saw Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20180 of 2014 ====================================================== M/s Dhaneshwar Sharma Saw Mill, Maner, P.S. Maner, District Patna, a Proprietorship firm through its Proprietor Dhaneshwar Sharma son of Late Dhanushdhari Sharma, resident of village- Maner, P.S. Maner, DistrictPatna .... .... Petitioner/s

Versus

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

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

3. The Licensing Officer-cum-Divisional Forest Officer, Patna Forest Division, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Respondent/s : AC to SC 30 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-08-2015 Heard Sri Vinay Mistry, learned counsel for the petitioner and learned AC to SC No. 30.

The petitioner i.e. a proprietorship firm, in the name and style of M/s Dhaneshwar Sharma Saw Mill, Maner, has approached this court invoking its writ jurisdiction with a prayer to direct the respondents to grant permission to the petitioner to transfer / change the location of his saw mill from the old land to a new place on the ground that the present land owner has sold the land in question to an another person. However, at the time of argument a limited prayer was made by learned counsel for the petitioner that application filed by the petitioner vide Annexure -

Patna High Court CWJC No.20180 of 2014 (2) dt.11-08-2015 2/2 "1" to the writ petition before the Divisional Forest Officer, Patna Forest Division, Patna - cum- Licensing Officer, may be directed to be finally disposed of.

The court is of the opinion that without even asking for counter affidavit the writ petition can be disposed of with an observation that the licensing authority i.e. the respondent no. 3 make take final decision on the application of the petitioner i.e. Annexure - "1" to the writ petition preferably, within a period of six weeks from the date of receipt / production of a copy of this order along with the copy of the writ petition. The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U