Abhimanyu Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24624 of 2019 ====================================================== Abhimanyu Mistri Son of Late Bandhu Mistri Resident of At and P.O.-Goh, P.S.-Goh, District-Aurangbad.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Divisional Commissioner, Magadh Division, Gaya. 3.
The Chief Conservator of Forest, Environment and Forest Department, Bihar, Patna.
4.
The Divisional Forest Officer, Gaya Forest Division, Gaya. 5.
The Divisional Forest Officer, Aurangabad, Forest Division, Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Sinha, Adv.
For the Respondent/s :
AC to GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-01-2020 Heard learned counsel for petitioner as well as learned AC to GP-14.
Petitioner has asked for following reliefs:
(A) A writ in the nature of mandamus or certiorari or any other appropriate writ, order/orders, direction or quashing the order dated 18.03.2015 contained in office order No. 30 issued under the signature of Principal Chief Conservator of Forest, Bihar, Patna rejecting the prayer of the petitioner to add his name in seniority list of Saw Mill or to grant licence under Bihar Saw Mills Regulation Act.
(B) A writ in the nature of Mandamus or any
Patna High Court CWJC No.24624 of 2019(3) dt.07-01-2020 2/3 appropriate writ, order/orders, direction commanding the respondent for the following:
(i) To treat the order contained in Annexure..., to the petitioner is nonest in the eye of law.
(ii) To add the name of the petitioner in the seniority list of Saw Mills and grant licence under Bihar Saw Mills Regulation Acts.
(C) To any other relief/reliefs for which the petitioner is found entitled to.
From the order impugned, it is evident that there happens to be an admission at the end of the petitioner that he was not at all granted licence under Bihar Saw Mills (Regulation) Act 1990. Further, from the order impugned it is also apparent that in terms of order dated 30.03.2012 passed by the Hon'ble Apex Court in WP(c) No. 202 of 1995, the Central Empowered Committee, New Delhi submitted its report on 09.03.2012 which has been followed by the Environment and Forest Department, Govt. of Bihar under Resolution No. 2563 of 2012 whereunder it has been held that in case of nonproviding of licence under Bihar Saw Mills (Regulation) Act 1990 will disentitle presence in the seniority list relating to new
Patna High Court CWJC No.24624 of 2019(3) dt.07-01-2020 3/3 saw mill; because of the fact that the whole exercise was done under the guise of order of the Hon'ble Apex Court. On account thereof, this Court finds prayer of the petitioner duly circumscribed. Consequent thereupon, instant petition lacks merit and is accordingly rejected.
(Aditya Kumar Trivedi, J) rakhi/- U