← Library
Patna High CourtCWJC/14156/2017disposed

Reyaj Ahmad v. The State Of Bihar And ORS

2023-08-03Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14156 of 2017 ====================================================== Reyaj Ahmad Son of Abdul Rauf, Resident of Nauka Tola Hardiakothi, P.S.- Raxaul District- Raxaul.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Chief Conservator of Forest, Department of Forest and Environment, Bihar, Patna.

3.

The Regional Chief Conservator of Forest, Tirhut Forest Division, Muzaffarpur.

4.

The Licensing Authority-cum-Divisional Forest Officer, Motihari Forest Division, District- East Cha 5.

The Ranger of Forest, Raxaul, District- East Champaran. 6.

The Forester, Raxaul, District- East Champaran. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14179 of 2017 ====================================================== Pravin Kumar son of Rajendra Prasad Resident of Village-Ramgarhwa Bazar, P.S.-Raxaul District-Raxaul District-Raxaul ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Chief Conservator of Forest, Fepartment of Forest and Environment, Bihar, Patna.

3.

The Regional Chief Conservator of Forest, Tirhut Forest Division, Muzaffarpur.

4.

The Licensing Authority-cum-Divisional Forest Officer, Motihari Forest Division, District East Cham 5.

The Ranger of Forest, Raxaul, District East Champaran. 6.

The Forester, Raxaul, District East Champaran ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 14156 of 2017) For the Petitioner/s :

Mr. Akash Keshav, Advocate Mr. Yash Mathur, Advocate For the Respondent/s :

Mr.Sarvesh Kumar Singh -Aag13 (In Civil Writ Jurisdiction Case No. 14179 of 2017) For the Petitioner/s :

Mr. Akash Keshav, Advocate For the Respondent/s :

Mr.Raghwanand -GA-11

2/4 Mr. Prabhat Kumar, A.C. to G.A.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-08-2023 Heard the parties.

The present petitions have been preferred for the following relief:

(i) for setting aside the order dated 30.12.2016 passed by the Licensing officer com Divisional Forest officer, Motihari Forest Division, Motihari vide which he has declined to renew the licence numbers 393/99 and 426 of 1999 of the saw mill of the petitioners on the ground that the petitioners did not submit their renewed license for the year 2001 to 2011, secondly the licence connot be renewed in the view of letter number 2185 dated 09.09.2011 issued by the Principal conservator of forest, Bihar as it is not applicable in case of

3/4 cancelled/suspended saw mills.

(ii) for a direction to the respondent authority to renew the license of the petitioners as the petitioners are eligible for the grant of license;

(iii) for any other relief/reliefs for which petitioners may be deemed entitled too.

Learned counsel for the petitioners submit that vide letter no. 2015 dated 28.9.2022, the Principal Chief Conservator of Forest, Bihar, Patna has issued letter addresed to all the Divisional Forest Officers relating to renewal of the license of even those saw mills whose names are not there in the seniority list. He as such submits that he may be given liberty to approach the concerned authority in the light of this fresh development. A copy of the said letter no. 2015 dated 28.9.2022 have been provided.

Let the same be kept on record.

Learned State counsel has no objection to it. In that view of the matter, the writ petitions stand disposed of with liberty to the petitioners to move before an

4/4 appropriate authority for redressal of grievances in the light of fresh development.

(Rajiv Roy, J) Ravi/- U