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Patna High CourtCWJC/3337/2019disposed

Rajesh Kumar v. The State Of Bihar And ORS

2019-02-20Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3337 of 2019 ====================================================== Rajesh Kumar S/o- Late Rajendra Sharma R/o- Village- Bejahadih, P.S.- Samastipur, Dist- Samastipur ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna

2. The Chairman, State Level Committee of Wood Based Industries-cumPrincipal Chief Conservator of Forest, Department of Environment and Forest, Government of Bihar, Patna

3. The Conservator of Forest, Muzaffarpur Circle, Muzaffarpur

4. The Licensing Officer-Cum- Divisional Forest Officer Samastipur Forest Division, Samastipur

5. BIHAR STATE SUGAR CORPORATION ltd. Unit Samastipur, P.S.- Samastipur, Dist- Samastipur

6. Upendra Thakur S/o- Late Bal Govind Thakur, R/o- Mohalla- Kashipur, Ward no- 12, Samastipur, P.S.- Samastipur, Dist- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the State :

Mr. Shalini Raut AC to SC-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 20-02-2019 Heard learned counsel for petitioner and the State. Learned counsel for petitioner seeks permission to make necessary correction in the writ petition at appropriate place with regard to Annexure which are annexed with instant writ petition.

Permission is accorded.

Petitioner seeks relief from this Court for necessary direction to the State Level Committee of Wood Based Industries-cum-Principal Chief Conservator of Forest, Department of Environment and Forest, Government of Bihar,

Patna High Court CWJC No.3337 of 2019 dt.20-02-2019 2/3 Patna-Respondent No.2, to dispose of the petition filed by the petitioner on 25.10.2018 (Annexure-P10) for transfer the License no. 42 of 1994 (M/S Sharma Saw Mill) in favour of the petitioner in terms of the Wood Based Industries (Establishment & Regulation) Guidelines, 2016 framed by the Government of India on 22.9.2016 wherein Clause 8(6) contemplates that "Transfer of License on Sale/ Succession etc. shall be done only with the approval of the State Level Committee" and also for direction to the respondents not to take any coercive action against the petitioner and his Saw Mill in the facts and circumstances of the case.

Since no final order has been passed by the competent authority on the petition filed by the petitioner on 25.10.2018 (Annexure -P10), this Court deems it fit and proper to dispose of the writ petition with direction to the competent authority i.e. the Chairman, State Level Committee of Wood Based Industries-cum-Principal Chief Conservator of Forest, Department of Environment and Forest, Government of Bihar, Patna ( respondent no.2) to dispose of the aforesaid petition filed by the petitioner in accordance with law and also in terms of Clause 8(6) as contemplated in Wood Based Industries ( Establishment & Regulation) Guidelines,2016 framed by the

Patna High Court CWJC No.3337 of 2019 dt.20-02-2019 3/3 Government of India on 22.9.2016 (Annexure - P9) within a period of three months from the date of receipt of copy of this order.

The writ petition is, accordingly, disposed off. (Sanjay Priya, J) shyambihari/- AFR/NAFR CAV DATE N/A Uploading Date 23.2.2019 Transmission Date