M/S Prakah Timber Stores v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9668 of 2022 ====================================================== M/S PRAKAH TIMBER STORES Pakri, Ram Nagar, P.S- Ram Nagar, District- West Champaran a proprietorship firm through its Proprietor Balram Mishra, Aged about 61 years (Male), Son of Ram Sakal Mishra, Resident of Village- Sasamusa, P.S.- Sasamusa, District- Gopalganj. ... ... 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, Bihar. 3.

The Licensing Officer-cum-Divisional Forest Officer, Gopalganj Forest Division,Gopalganj.

4.

The Licensing Officer-cum-Divisional Forest Officer, Bettiah Forest Division, Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry For the Respondent/s :

Mr. Sarvesh Kumar Singh ( AAG 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 29-08-2022 Heard learned counsel for the petitioner and the State. The petitioner has sought a writ in the nature of mandamus to direct the respondent no. 4-Licensing Officercum-Divisional Forest Officer, Bettiah Forest Division, Bettiah not to interfere the operation of saw mill of the petitioner on the newly place, appertaining to Khata No. 32, Khesra No. 179, Thana No. 398, measuring an area 28 decimals 0-3-0 situated at Mauza-Pakri (Ramnagar), P.S.-Ramnagar, District West Champaran in view of Memo No. 3777 dated 01.10.2008 issued

Patna High Court CWJC No.9668 of 2022(2) dt.29-08-2022 2/2 by the Principal Chief Conservator of Forest, Bihar, Patna as on 20.06.2022 the respondent no. 4 and his subordinate Forest officials have asked to close down the saw mill failing which legal action shall be taken against the petitioner. Learned counsel for the petitioner submits that his representation containing the aforesaid prayer is pending before the respondent no. 4.

We thus dispose of the writ petition with a direction that the representation, if any, pending before the said authority shall be disposed of within a period of three weeks from today. Till then no coercive action shall be taken.

(Rajan Gupta, J) ( Dr. Anshuman, J) Anjani/- U