Umesh Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6831 of 2026 ====================================================== Umesh Prasad Sah Son of Late Laxmi Prasad Sah @ Lakshmi Sah, Resident of Village- Arsi, Middle School, Arsi, P.O.-Maina Ghat, P.S.- Sonbarsha Raj, District- Saharsa.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Environment and Forest, Government of Bihar, Patna. 2.
The Principal Chief Conservator of Forest-cum-Chairman, State Level Committee, Bihar, Patna.
3.
The Principal Chief Conservator of Forest, Bihar, Patna. 4.
The Conservator of Forest-cum-Appellate Authority, Purnea Anchal, Purnea, P.S. and District- Purnea.
5.
The Divisional Forest Officer, Saharsa Forest Division, Saharsa-cumLicencing Officer, Saharsa, P.S. and District-Saharsa. 6.
The Ranger of Forest, Singheshwar, District- Madhepura, P.S. and DistrictMadhepura. 7.
The Deputy Secretary to the Government, Department of Forest and Environment, Government of Bihar, Patna, P.S. Secretariat, District- Patna. 8.
Maheshwar Prasad Sah, S/o Late Laxmi Prasad Sah, Resident of MohallaMadhepura, Ward No. 6, Jai Prakash Nagar, Police Station- Madhepura, District- Madhepura.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratan Kumar, Advocate For the Respondent/s :
Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2026 Heard the parties.
2. The present petition has been preferred for the following relief(s):
"for issuance of a writ in the nature of:- A. Certiorari:- (I) For quashing the Letter dated
2/4 23.07.2025 vide Office Order no. 234 passed by the Licencing Officer-cum-Divisional Forest Officer, Saharsa Forest Division, Saharsa whereby and whereunder the claim of the petitioner with regard to transfer the Saw Mill Licence no. 83(S)/ 94 has been rejected without considering the fact that the petitioner being a Power of Attorney Holder of the said Saw Mill.
B. Mandamus:- (I) For direction to the respondent authorities to hold and declare that the petitioner being a Power of Attorney Holder of Saw Mill bearing Licence No. 83/94 is legally competent to run the Saw Mill as has been resolved by the Government of Bihar.
(II) For direction to the Respondent Authorities for transfer the Saw Mill on the basis of Power of Attorney, dated 24.10.2003 in favour of the petitioner as well as family partition dated 16.11.2000 in terms of the Wood Based Industries (Establishment & Regulation) Guide, 2016 framed by the Government of India and the Bihar Wood
3/4 Based Industries Establishment & Regulation) Bill2020. (III) For direction to the Respondent no.
4 to dispose of the pending appeal filed by the petitioner against the order dated 23.07.2025 vide office order no. 234 vide Appeal no. 17/2025 dated 14.08.2025 (Annexure-P/19) which is pending before the Conservator of Forest since long.
(IV) For issuance of any other writ or writs/ order or orders for which the petitioner may be found entitled too in the facts and circumstances of the case."
3. This Court has taken note of the fact that against the order passed by the Divisional Forest Officer, Saharsa Forest Division, Saharsa (respondent no. 5), the petitioner has already challenged the said order before the respondent, Principal Chief Conservator of Forest-cum-Chairman, State Level Committee, Environment, Forest and Climate Change Department, Bihar where it is pending since 01.08.2025.
4. Learned State counsel submits that if not disposed of, it will be taken to its logical conclusion at an earliest.
5. In that background, the writ petition stands
4/4 disposed of with a direction to the concerned respondent to look into the matter and if the case is still pending, after noticing/hearing all the relevant parties, it be decided at an earliest preferably within the next three months. (Rajiv Roy, J) Adnan/- U