Md. Babu Quraishi v. The Environment, Forest And Climate Change Department, Government Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13324 of 2023 ====================================================== Md. Babu Quraishi S/o Late Sahebjan Quraishi, R/o- Karimchak, Khanua, Chappra, District- Saran, Bihar- 841301. ... ... Petitioner/s
Versus
1.
The Environment, Forest and Climate Change Department, Government of Bihar through its Secretary, Aranya Bhawan, Sheikhpura, Patna- 800014, Bihar.
2.
The Principal Chief Conservator of Forest, Environment, Forest and Climate Change Department, Government of Bihar, Aranya Bhawan, Sheikhpura, Patna- 800014, Bihar.
3.
The Conservator of Forest, Forest Circle, Siwan, Bihar, 4.
The Divisional Forest Officer cum Licensing Officer, Saran Forest Division, Chappra, Saran, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishal Kumar Singh, Advocate For the Respondent/s :
Mr.Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2024 Heard Mr. Vishal Kumar Singh, learned counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned G.P.-14.
2. The petitioner has prayed for the following reliefs:
2. for issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the respondent no.4 to renew the License No. 47/93 of the petitioner issued to him for operating the Saw Mill in 1994 which has not been renewed since 2017;
(ii) to pass any other
Patna High Court CWJC No.13324 of 2023(2) dt.08-08-2024 2/3 order/orders/directions as this Hon'ble Court deem fit in the best interest of the petitioner.
3. The case of the petitioner is that he was earlier granted license by the Licensing Authority cum Divisional Forest Officer, Saran at Chapra vide License No. 47/93 which later came to be revoked vide order dated 17.02.2017 (Annexure-P/1 to the petition).
4. He submits that he was running the Saw Mill and contrary to statement made while cancelled on the ground that amongst other that he has transferred the license to a third person.
5. In paragraph-8 of the petition, the petitioner has stated as follows:
"8. That the reasoning given behind non-renewal of the license was that the petitioner has lost his control partially or fully upon his saw mill. There is no such thing which exists as of now neither it did in 2017 when the petitioner filed the renewal application for
Patna High Court CWJC No.13324 of 2023(2) dt.08-08-2024 3/3 the license."
6. A counter affidavit has been filed on behalf of respondent nos. 3 and 4 duly signed by the Divisional Forest Officer, Saran at Chapra annexing the document (affidavit) dated 16.05.2016 (Annexure-E to the counter affidavit, according to which he sold his license no. 47/93 due to economic reason to one Mr. Rajeshwar Sharma, son of late Moti Lal Sharma, Mohhamadpur, under P.S., Garkha, Saran.
7. Contrary to the statement made by the petitioner on affidavit that he has not lost control partially or fully over the Saw Mill, the counter affidavit clearly shows that he transferred the license fully to one Rajeshwar Sharma.
8. In that background, when the said affidavit is on record and when learned G.P.-14 further averred that one of the ground taken before the respondent is that he has taken steps to revoke the said document, nothing remains.
9. The writ petition accordingly stands dismissed with a cost Rs. 1000/- to be deposited with the Patna High Court Legal Services Committee within four weeks.
(Rajiv Roy, J) Ravi/- U