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Patna High CourtCWJC/17000/2018disposed

Laltun Thakur v. The State Of Bihar And ORS

2019-01-08Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17000 of 2018 ====================================================== Laltun Thakur Son of late Bulla Thakur Resident of Village- Sonaki, P.S. Sonaki, District- Darbhanga.

... ... Petitioner/s

Versus

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

2. The Principal Chief Conservator of Forest-Cum-Chairman of State Level Committee for Wood -bases Industries, Bihar, Patna.

3. The Licensing Officer-Cum- Divisional Forest Officer, Mithila Forest Division, Darbhanga.

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

For the Petitioner/s :

Mr.Vinay Mistry, Adv.

For the Respondent/s :

Mr. Avinash Kumar Singh- GP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 08-01-2019 This writ petition has been filed by the petitioner for issuance of writ in the nature of Mandamus directing the Chairman of State Level Committee for Wood-based Industries, Bihar to dispose of the petition dated 16.01.2017 (Annexure-P2) filed for grant of license under Bihar Saw Mills (Regulation) Act, in terms of the order dated 05.10.2015 passed by the Hon'ble Supreme Court in Writ petition (Civil) No. 202/1995. He has also made prayer for issuance of appropriate writ in nature of Mandamus directing the Chairman of State Level Committee for Wood-based Industries, Bihar that no coercive step be taken against the petitioner till the aforesaid petition is disposed of in accordance with law.

Patna High Court CWJC No.17000 of 2018 dt.08-01-2019 2/3 Learned counsel for the State is present. He has submitted that final decision will be taken on the aforesaid petition filed by the petitioner within short time.

From perusal of Annexure P/2, it appears that petition filed on behalf of the petitioner in terms of order dated 05.10.2015 passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 202/1995 for grant of license is pending since 16.01.2017 before the Chairman, State Level Committee of Wood Based Industries-cum-Principal Chief Conservator of Forest, Bihar, Patna. The grievance of petitioner is that the aforesaid petition has not yet been decided and disposed of.

This writ petition is accordingly disposed of with direction to the Chairman, State Level Committee of Wood Based Industries-cum-Principal Chief Conservator of Forest, Bihar, Patna to look into the contentions raised by petitioner in the aforesaid petition (Annexure-P/2) and after giving proper hearing to petitioner and looking into relevant documents produced by the petitioner, dispose of the same within a period of three months from the date of receipt of this order. Respondent no. 2 will not take any coercive step against the petitioner till final disposal of the writ petition. Let this order of court be communicated to Chairman, State

Patna High Court CWJC No.17000 of 2018 dt.08-01-2019 3/3 Level Committee of Wood Based Industries-cum-Principal Chief Conservator of Forest, Bihar, Patna.

(Sanjay Priya, J) vinita/- AFR/NAFR CAV DATE N/A Uploading Date 15.01.2019 Transmission Date