Radheshayam Sutihar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11138 of 2019 ====================================================== Radheshayam Sutihar, aged about 42 years Son of Sampat Sutihar Resident of Village - Sakhua, P.S. Pipra Bazar, Distt. Supaul. ... ... Petitioner/s
Versus
1.
The State of Bihar through, its Principal Secretary Department of Forest, Govt. of Bihar, Patna.
2.
Divisional Forest Officer Supaul 3.
District Forest Officer Supaul ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma For the Respondent/s :
Mr. Sanjay Kumar AC to SC15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 17-05-2019 Heard Mr. Dinesh Pd. Verma, learned counsel for petitioner and Mr. Sanjay Kumar AC to SC-15, for the State. Learned counsel for petitioner submits that he has filed representation dated 4.10.2018 for grant of licence before the competent authority (Divisional Forest Officer, Supaul), for grant of licence for wood based industries ( band with trolley) for the use of 24" diameter wood including Saw pit, under the provisions of Bihar Wood Based Industries ( Establishment and Regulation) Rules, 2017 on 4.10.2018 but the same is still kept pending in the office of respondent no.2 (Divisional Forest Officer, Supaul) and no final order has been passed. Copy of the said application has been filed as Annexure-1 to the writ petition.
Patna High Court CWJC No.11138 of 2019 dt.17-05-2019 2/3 Learned counsel for petitioner submits that petitioner is manufacturing wood product under Udyog Aadhar Registration no. BR 36A0011807 in the name and style of M/S SH Kast Adharit Udyog. The petitioner has been presently issued licence for manufacturing of wood products measuring the wood of 18" diameter. The respondents used to threaten the petitioner that he is using more than 18" diameter of wood for manufacturing the wood products. Therefore, the petitioner applied for licence for using upto 24" diameter wood under the provisions of Bihar Wood Based Industries ( Establishment & Regulation )Rules, 2017.
The petitioner filed several representations before the authority concerned for grant of licence which is apparent from Annexure-4, but no final order has been passed. Learned counsel for petitioner submits that this Court had earlier also disposed of the writ petition in similar matter by directing the respondent to dispose of the representation filed by petitioner within a fixed period of time. Under the circumstances, this writ application is disposed off with direction to respondent no.2 i.e. the Divisional Forest Officer, Supaul, to consider the representation dated 4.10.2018 filed by the petitioner for grant of licence along with
Patna High Court CWJC No.11138 of 2019 dt.17-05-2019 3/3 Demand Draft of Rs. 11,000/- as contained in Annexure-1 which is still pending before him, after giving proper opportunity of hearing to the petitioner and looking into all the relevant documents and pass final order, within a period of three months from the date of receipt/production of a copy of this order. The respondent no.2 i. e. the Divisional Forest Officer, Supaul, will pass speaking order in the matter within aforesaid period. The writ application is, accordingly, disposed off. (Sanjay Priya, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.05.2019 Transmission Date N/A