Sipahi Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15636 of 2023 ====================================================== Sipahi Sharma Son of Late Ram Nawal Sharma, Resident of Village - Ramgarh, P.S. - Ramgarh, District - Kaimur at Bhabhua. ... ... 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- cum- Chairman of State Level Committee for Wood- based Industries, Bihar, Patna. 3.

The Licensing Officer-cum-Divisional Forest Officer, Kaimur Forest Division, Bhabhua.

4.

The Forester, Mohania, P.S. - Mohania, District - Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry, Adv.

For the Respondent/s :

Mr.Dhurjati Kumar Prasad ( Gp 14 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2024 Heard the parties.

2. This petition has been filed for the following reliefs:- " i) For issuance of a writ in the nature of certiorari for quashing of the seizure list dated 05.10.2023 (Annexure-P-3) prepared by the Forester, Mohania, Kaimur whereby saw mill alongwith wood have been seized under Section 8 of the (Bihar Saw Mills Regulation) Act, 1990 as the Forester is not authorized to make inspection, search and seizure of saw mill under section-8 of the (Bihar Saw Mills Regulation) Act, 1990.

ii) For issuance of a writ in the nature of Mandamus directing the Respondents

Patna High Court CWJC No.15636 of 2023(2) dt.29-08-2024 2/2 authorities to un lock/ release the saw mill in favour of the petitioner in the facts and circumstances of the case because the saw mill has allegedly been sealed by the Forester, Mohania, Kaimur on 05.10.2023 in violation of the order dated 30.09.2013 passed by this Hon'ble Court in CWJC No. 16362 of 2013.

3. At the outset, learned counsel for the State submits that the saw mill was being run without valid license and in that background, the decision was made.

4. Learned counsel for the petitioner submits that it will be suffice if sympathetic consideration is given to his plea and further submits that he will be preferring representation before appropriate authority.

5. Granting said liberty and without commenting on the merit of the case, the writ petition stands disposed of. (Rajiv Roy, J) perwez/- U