Saudagar Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24434 of 2019 ====================================================== 1.
Saudagar Mistry Son of Govind Mistry Resident of Village- ParariaNardiganj, P.S.- Nardiganj, District- Nawada. 2.
Manoj Kumar Son of Shyam Kishore Singh Resident of Village- FazilpurNardiganj, P.S. Nardiganj, District- Nawada. 3.
Sunil Kumar Son of Prabhu Dayal Keshri Resident of Village- Hulasganj, P.S. Hulasganj, District- Jehanabad.
4.
Rajendra Mistri Son of Sohrai Mistri Resident of Village- Seopur-Patut, P.S.- Bikram, District- Patna.
... ... 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, Nawada Forest Division, Nawada.
4.
The Licensing Officer-cum-Divisional Forest Officer, Gaya Forest Division, Gaya.
5.
The Licensing Officer-cum-Divisional Forest Officer, Patna Forest Division, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Advocate For the Respondent/s :
Mr. Anant Prasad Singh, SC15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 03-01-2023 Petitioners have prayed for the following relief(s) :- "i) For issuance of a writ in the nature of Mandamus directing the Respondent No.2Chairman of State Level Committee for Woodbased Industries, Bihar to dispose of the petition
Patna High Court CWJC No.24434 of 2019 dt.03-01-2023 2/3 dated 23.1.2017 respectively (Annexure-3) filed by the petitioners for grant of license under Bihar Saw Mills (Regulation) Act, 1990 in terms of the order dated 5.10.2015 passed by the Hon'ble Supreme Court in Writ Petition (Civil) No.202 of 1995 as the State of Bihar vide Memo No.406 dated 3.12.2015 has already constituted State Level Committee under the Chairmanship of the Principal Chief Conservator of Forest, Bihar.
ii) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."
Learned counsel for the petitioners states that his objection petition, as addressed to the Chairman of the State Level Committee of Wood-based Industries-cum-Principal Chief Conservator of Forest, Bihar, Patna (Annexure-P/3 Page No. 25) is still pending.
If that were so, learned counsel for the State is not in a position to verify such fact.
Be that as it may, the limited prayer, which the petitioners make, is for disposal of the said objection petition(Annexure-P/3 Page- No. 25).
As such, we dispose of the present petition with direction to the authority concerned to positively consider and decide the objection petition (Annexure-P/3), if not already
Patna High Court CWJC No.24434 of 2019 dt.03-01-2023 3/3 decided, expeditiously, preferably within a period of two months from the date of presentation of a copy of this order before the authority concerned. Liberty also reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law. It is made clear that we have not expressed any opinion on merits and all issues of fact and law are left open.
The instant petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) (Partha Sarthy, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date