M/S Kushwaha Saw Mill v. That State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15149 of 2025 ====================================================== M/s Kushwaha Saw Mill Gheghia-Mohania, P.S.- Mohania, District- Kaimur, a proprietorship Firm through its proprietor Abhay Kumar Singh, aged about 46 years, Male, Son of Sri Ram Singh, Resident of Village- Bustalwa, P.S.- Kathrain, District- Kaimur.
... ... Petitioner/s
Versus
1.
That State of Bihar through the Principal Secretary, Department of Environment, Forest and Climate Change, Government of Bihar, Patna. 2.
The Principal Chief Conservator of Forest, Department of Environment, Forest and Climate Change, Government of Bihar, Patna. 3.
The Prescribed Officer-cum-Conservator of Forest, Wild Life Circle, Patna. 4.
The Licensing Officer-cum-Divisional Forest Officer, Kaimar Forest Division, Bhabhaua.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P. N. Shahi, Sr. Advocate Mr.Vinay Mistry, Advocate For the Respondent/s :
Mr.Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-01-2026 Heard Mr. P. N. Shahi, learned Senior Counsel for the petitioner and learned counsel for the State.
2. The petitioner has moved the Court for the following reliefs:
"(i) For issuance of a writ in the nature of certiorari for quashing of the order bearing Memo No. 1084 dated 12.08.2025 (Annexure-P-6) passed by the The Prescribed
Patna High Court CWJC No.15149 of 2025(4) dt.08-01-2026 2/3 Officer-cum-Conservator of Forest, Wild Life Circle, Patna in Appeal Case No. 03 of 2024 whereby the appeal has been dismissed which was filed against the order bearing Memo No.
826 dated 08.06.2011 whereby the the Licensing Officer-cum-Divisional Forest Officer, Kaimar Forest Division, Bhabhaua cancelled the License No. 21 of 1985 (21 of 1995) the appellate authority has considered any grounds of the appeal in as not the facts and circumstances of this case.
(ii) For issuance of a writ in the nature of mandamus directing the Respondent No.3 to pass a fresh order keeping in view of the facts and grounds taken in the Appeal Case No.3 of 2024 in the facts and circumstances of this case. (iii) For issuance of writ in the nature of mandamus directing the respondents not to interfere with the operation of saw mill of the Petitioner in the facts and circumstances of this case."
3. Learned Senior Counsel for the petitioner submits that he shall be satisfied if a fresh consideration of the petitioner's case is done in view of the decision of the State Level Committee for Wood Based Industries, Bihar dated 14.01.2025 (Annexure-P-7).
4. If the petitioner approaches the authorities as per the guidelines, the authorities will consider the case of the petitioner in accordance with law and pass appropriate orders thereafter.
5. The earlier cancellation of the licence will not come in the way of fresh consideration of the case of the petitioner by
Patna High Court CWJC No.15149 of 2025(4) dt.08-01-2026 3/3 the State Level Committee.
6. In view of the above, this application stands disposed of.
(Sandeep Kumar, J) P. Kumar U