Shamim Ahmad Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25329 of 2013 ====================================================== Shamim Ahmad Khan Son Of Late Zafrul Haque Khan Owner Of M/S Rashidi Tember, Barharia, District - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors 2.

The Principal Chief Conservator , Forest, Bihar, Patna 3.

The D.F.O. Gopalganj Division, Gopalganj 4.

The Range Officer, Siwan, Forest Department, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Anisur Rahman, Advocate.

For the Respondent/s :

Mr. K.K. Singh, AC to GP- 22.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE HARISH KUMAR) 01-02-2023 Heard Md. Anisur Rahman, learned counsel for the petitioner and Mr. K.K. Singh, learned AC to GP- 22 for the State.

2. By invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has preferred the present writ application for the following reliefs:- "A. For issuance of appropriate writ/order or direction commanding the Respondent to pass appropriate order in the light of the order dated 07.03.2013 passed by 1st

Patna High Court CWJC No.25329 of 2013(7) dt.01-02-2023 2/3 Additional Sessions Judge, Siwan in Appeal No. 70/2005 to renew the License no. 31 of 1995 as contained in Annexure-1 to this writ application. B. For issuance of appropriate writ, order or direction commanding the respondents to allow the petitioner to run his saw mill business under his License No.31/1995.

C. For any other point or points which may arise the time of hearing of this writ application."

3. A counter affidavit has been filed on behalf of the State respondents taking note of the fact that the Principal Chief Conservator of Forest, Bihar has taken a decision for renewal of the license of the Saw Mills whose name have not been included in the seniority list of Saw Mill prepared in accordance with resolution nos. 2675 dated 30.08.2010 and 2563 dated 16.08.2012.

4. After taking into consideration the aforesaid facts, the Divisional Forest Officer, Gopalganj Forest Division, took a decision to renew the license in accordance with the Rules.

5. Subsequently, a supplementary counter affidavit has been filed by the respondent Divisional Forest Officer, Gopalganj and vide Memo No.114 dated 24.01.2023, the license of the Saw Mill of the petitioner has been renewed under Bihar Saw Mill Regulation Rules, 1993 up to the year 2026.

6. In view of the aforesaid facts, now the grievance of

Patna High Court CWJC No.25329 of 2013(7) dt.01-02-2023 3/3 the petitioner has been redressed.

7. Accordingly, the present writ application stands disposed off.

(Ahsanuddin Amanullah, J) (Harish Kumar, J) manoj/rohitU