Patna High CourtCWJC/20880/2014disposed

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

2015-08-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20880 of 2014 ====================================================== M/s Ramnath Sharma Saw Mill, Maner, P.S.- Maner, District- Patna, a proprietorship firm through its Proprietor Ramnath 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 & Forest Department, Government of Bihar, Patna

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

3. The Licencing 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 31 ====================================================== 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. 31.

The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for directing the respondent no. 3 i.e. Licensing Officer- cumDivisional Forest Officer, Patna Forest Division, Patna for granting him permission to transfer / change the location of his saw mill namely, M/s Ramnath Sharma Saw Mill to an another place in view of the fact that land over which presently his saw mill is running is required for other purposes. Learned counsel for the petitioner makes a limited

Patna High Court CWJC No.20880 of 2014 (2) dt.11-08-2015 2/2 prayer for directing the respondent no. 3 to take final decision on his application which has been filed for granting permission to shift his saw mill to other place vide Annexure - "1" to the writ petition.

In view of limited prayer made by learned counsel for the petitioner, the court is of the opinion that the writ petition can be disposed of even without counter affidavit with an observation that the respondent no. 3 may take appropriate decision in accordance with law 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