Mithilesh Thakuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16105 of 2022 ====================================================== 1.

Mithilesh Thakuar son of Lakhan Thakur, Resident of Village- Bajitpur, P.S.- Manigachi, District- Darbhanga.

2.

Bindi Mistri son of Late Manki Mistri, Resident of Village- Amarut, P.S.- Dobhi, District- Gaya (Bihar).

3.

Haridwar Mistri Son of Late Jageshwar Mistri, Resident of Village- Amarut, P.S.- Dobhi, District- Gaya (Bihar).

... ... Petitioner/s

Versus

1.

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

2.

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

The State Level Committee for Wood Based Industries, Bihar, Patna. 4.

The Licensing Officer-cum-Divisional Forest Officer, Mithila Forest Division, Darbhanga.

5.

The Licensing Officer-cum-Divisional Forest Officer, Gaya Forest Division, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry, Advocate For the Respondent/s :

Mr.Raghwanand (GA11) Mr.Sanjay Kumar Tiwari, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2024 Heard Mr. Vinay Mistry, learned counsel appearing on behalf of the petitioners and Mr. Raghwanand (GA 11) along with Mr. Sanjay Kumar (AC to SC 15), learned counsels for the State.

2. Mr. Vinay Mistry, learned counsel appearing on behalf of the petitioners, at the outset, submitted that he will not press on merit of the case, considering the fact that in light of judgement passed by the Apex Court in case of T.N.

Patna High Court CWJC No.16105 of 2022(3) dt.28-03-2024 2/3 Godavarman Thirumulpad vs Union Of India & Ors. reported in WP(C)No.202 of 1995 and interim orders passed from time to time and the State Level Committee is functional under the Chairmanship of the Principal Chief Conservator of Forests, to look into the matter with respect to the wood based industry, he seeks to file detailed representation before the Committee.

3. It has been informed vide notification dated 21.07.2020, the sustainable capacity of wood based industry has been found to be 3200 and the said notification has been issued by the State Government. The petitioners, who are prospecting to earn their livelihood, being engaged in wood industries and having acumen to run the sawmill, may file their detailed individual representation before the State Level Committee, so that their case may be considered, if required numbers of sawmills, which have been proposed by the State Government, have not been filled up or the notification concerned has been rectified by any subsequent Government's decision.

4. The State Level Committee is directed to consider each individual application of the petitioners, based on sustainable capacity of the wood based industry in state of Bihar, specially in the light of direction of the Apex Court and

Patna High Court CWJC No.16105 of 2022(3) dt.28-03-2024 3/3 Central Empowered Committee passed with respect to the wood based industries form time to time in case of T.N. Godavarman Thirumulpad (Supra). The decision is required to be taken within a period of 8 weeks.

5. In the above mentioned facts and circumstances, the present writ petition stands disposed of. (Purnendu Singh, J) chn/- U