M/S Durga Saw Mill v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9125 of 2026 ====================================================== 1.
M/s Durga Saw Mill Kakraul, P.S.- Rahika, District- Madhubani a proprietorship firm through its Proprietor Ramashish Sharma, aged about 74 years- (Male), son of Sundar Sharma, Resident of Village- Nariyal Tol, P.O.- Barhi, P.S.- Keoti, District- Darbhanga.
2.
M/s Durga Timber Company, Khutauna, P.S.- Khutauna, DistrictMadhubani a proprietorship firm through its Proprietor Ankit Kumar, aged about 25 years-(Male), son of Pramod Kumar Sah, Resident of VillageKhutauna, P.S.- Khutauna, District- Madhubani. 3.
M/s Sharma Enterprises, Nimadumari, P.S. Keoti, District- Darbhanga a proprietorship firm through its Proprietor Rajesh Kumar Sharma, aged about 48 years- (Male), son of Ramashish Kumar Sharma, Resident of VillageNimadumari, P.S.- Keoti, District- Darbhanga. 4.
M/s Laxmi Saw Mill, Bela, P.S.- Jai Nagar,, District- Madhubani a proprietorship firm through its Proprietor Brij Naina Devi, aged about 61 years- (Female), son of Late Laxmi Choudhary, Resident of Village- Bela, P.S.- Jai Nagar, District- Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Environment, Forest and Climate Change, Government of Bihar, Patna. 2.
The Chairman, State Level Committee For Wood-based Industries, Bihar, Patna.
3.
The Licensing Officer -cum- Divisional Forest Officer, Mithila Forest Division, Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Advocate For the State :
Mr. Government Pleader (03) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2026 Heard Mr. Vinay Mistry, learned counsel for the petitioner and learned counsel representing the State.
2. The present petition has been preferred for the grant of following relief(s):
(i) for issuance of a writ in the nature
2/4 of mandamus directing the Respondent No.3 to forward the application of Form "Ga" dated 05.01.2026, 19.12.2025, 04.01.2026 and 08.01.2026 (Annexure-P-3 Series) filed by the petitioners for shifting of location of saw mills with his enquiry report and clear-cut recommendation to the State Level Committee in terms of Rule-6(3) of the Bihar Wood-Based Industries (Establishment and Regulation Rules, 2025.
(ii )for issuance of a writ in the nature of mandamus directing the Respondent No.2 (SLC) to dispose of the application of Form "Ga" within 60 days on receipt of the application in terms of Rule 6(4) of the Bihar Wood-Based Industries (Establishment and Regulation) Rules, 2025.
(iii) for issuance of writ in the nature of mandamus directing the Respondents not to interfere with the operation of saw mill over the newly place if the order of change the location of saw mill is passed by the SLC and the Licensing
3/4 Officer in the facts and circumstances of this case.
(iv) for issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper.
3. It is unfortunate that the petitioner has to come before this Court with a simple prayer to direct the respondent no.3, the Licensing Officer-cum-Divisional Forest Officer, Mithila Forest Division, Darbhanga to forward the application preferred before in his office to the state level committee for looking into the application for transfer of location of the saw mill. The petitioners who have valid licenses for the saw mills within the jurisdiction of respondent no.3.
4. Learned counsel for the petitioners with the help of different annexures submit that it was sent through speed post repeatedly alongwith the requisite fee amount by way of Demand Draft, the same has not been taken care of by the respondent no.3 and as such, the writ petition.
5. Learned State counsel submit that if the petitioners individually submit their respective applications along with the requisite fee, appropriate steps shall be taken for its onward transfer to the office of the respondent no.2, the Chairman, State
4/4 Level Committee for Wood Based Industries, Bihar, Patna.
6. In that background, instead of keeping the case pending, it would be appropriate that the petitioners are directed to approach the concerned Divisional Forest Officer-cumLicensing Authority, Mithila Forest Division, Darbhanga individually with the Demand Draft/requisite fees in next four weeks so that he/she can look into the matter and if found valid, the same be forwarded/recommended for change of location of their respective saw mills before the respondent no.2.
7. The State Level Committee which has to ultimately pass an order in this case, it is made clear that if the documents/fee of the individual petitioners is/are valid in order, the concerned Licensing Authorities shall be forwarding the said within a period of four weeks from the date it is received in his/her office.
8. The writ petition is disposed of with aforesaid observation.
(Rajiv Roy, J) ankita/- U