M/S Raj Timber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.484 of 2024 ====================================================== 1.

M/s Raj Timber Mirzapur- Dhobahin, P.S.- Sheohar (Fatehpur), DistrictSheohar, a proprietorship firm through its proprietor Raj Kumar Sah, aged about 47 years (male), son of Late Jagdish Sah, Resident of MirzapurDhobahin , P.S.-Sheohar (Fatehpur), District- Sheohar. 2.

M/s Vishwakarma Furniture Saw Mill, Kurtha, P.S.- Kurtha, District- Arwal a proprietorship firm through its Proprietor Smt. Mamta Devi, aged about 32 years (Female), wife of Ramjee Mistri, Resident of village Kurtha, P.S. Kurtha, District- Arwal.

... ... Petitioner/s

Versus

1.

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

2.

The Chairman, State Level Committee for Wood- based Industries, Biharcum- Principal Chief Conservator of Forest, Bihar, Patna. 3.

The Divisional Forest Officer, Sitamarhi Forest Division, Sitamarhi. 4.

The Divisional Forest Officer, Aurangabad Forest Division, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry, Adv.

For the Respondent/s :

Ms. Vijaya Laxmi Srivastava, AC to SC (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2024 Heard Mr. Vinay Mistry, learned counsel for the petitioners and Mrs. Vijaya Laxmi Srivastava, learned AC to SC-23.

2. That through the present writ application the petitioners seek following reliefs :- "i) For issuance of a writ in nature of Certiorari for quashing of the Letter No. 2009 dated 13.11.2023 and Letter No.708 dated 31.03.2023 (Annexure-P-3 Series) issued by the Respondent No. 3 & 4 whereby applications for grant of license for operation of Saw Mills of the petitioners have been rejected without giving any opportunity of being heard to the petitioners under Section- 7 of the Bihar Saw Mills (Regulation) Act, 1990.

ii) For issuance of a writ in the nature of mandamus directing the Respondent No.3 & 4 to accept the application for grant of license of Saw Mills and to duly proceed the

Patna High Court CWJC No.484 of 2024(2) dt.26-09-2024 2/2 same in terms of the decision of SLC for WoodBased-Industries, Bihar dated 21.07.2020. iii) For issuance of a writ in the nature of mandamus directing the respondent authorities not to interfere the operation of Saw Mills of the petitioners till such time the application of grant of License is finally decided by the Respondent No.3 & 4 in the facts and circumstances of this case.

iv) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."

3. Learned counsel for the petitioners submits that earlier there was ban in issuance of fresh license but now the State Government is thinking about increasing the number of saw mills and in that background the writ petitioners are ready to approach the State Government individually.

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