Jharkhand High Court
Mahendra Singh vs The State Of Jharkhand on 4 February, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6096 of 2016
Mahendra Singh ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Conservator of Forest, Palamau Tiger Project,
Jharkhannd, having its office at Van Bhawan, Doranda, Ranchi
3. The Divisional Forest Officer, Core Area Tiger Project, Palamau,
South Forest Division, Daltonganj, Palamau
4. The Conservator of Forests-cum-Field Director, Project Tiger Circle,
Palamau
5. The Forest Area Officer, Chhipadohar, West Range, Project Tiger
Division, Palamau
6. The Circle Officer, Barwadih, Latehar ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Anish Mishra, Advocate
For the Respondent-State : Mr. Ashwini Bhushan, Sr. SC-III
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Order No. 05 Dated: 04.02.2021
The present writ petition is taken up today through Video
conferencing.
The present writ petition has been filed for quashing
memo no. 1037 dated 24.08.2016 issued by the respondent no. 3 -
the Divisional Forest Officer, Core Area Tiger Project, Palamau,
whereby in compliance of letter no. IIE-19(A)III41/2016. 2969 Ranchi
dated 08.08.2016 issued by the respondent no. 2 - the Chief
Conservator of Forest, Jharkhand, the saw mill licence granted in
favour of the petitioner for the year 2016 in terms of memo no. 688
dated 23.06.2016 has been cancelled with a further direction upon
the respondent no. 5 - the Forest Area Officer, Chhipadohar, West
Range, Project Tiger Division, Palamau to ensure closure of the saw
mill of the petitioner. Further prayer has been made for issuance of
direction upon the respondents for restoration of the saw mill licence
of the petitioner issued in terms of memo no. 688 dated 23.06.2016
by the respondent no. 3 in view of the fact that the petitioner has
been running his saw mill since the year 1964 for which the licence
for operating the same has been granted continuously till the year
2016, however, the same has been cancelled without any authority of
law and without taking into consideration the relevant provisions
under which the directions have been issued by the concerned
authority for closure of saw mill stating that the same is running
without obtaining licence.
2. It is jointly submitted by the learned counsel for the
parties that the present writ petition is covered by the judgment
dated 08.03.2018 rendered by this Court in W.P.(C) No. 4808 of 2016
(Ram Pukar Sharma Vs. State of Jharkhand & Ors.) and other
analogous cases and hence, it may be disposed of in terms with the
said judgment.
3. Heard the learned counsel for the parties.
4. This Court vide judgment dated 08.03.2018 rendered by
this Court in W.P.(C) No. 4808 of 2016 (Ram Pukar Sharma Vs. State
of Jharkhand & Ors.) and other analogous cases, has dismissed the
said writ petitions with following observations:
"In view of the aforesaid facts and circumstances and
the discussions made herein above, all these writ
petitions are hereby dismissed. However, the
petitioners, after shifting the saw mills in terms with
the decision of the Government of Jharkhand, are at
liberty to file respective applications before the
concerned licensing authorities for consideration of
their cases of renewal/grant of licenses which shall be
considered by said authorities in accordance with law
and appropriate decision shall be taken within a period
of 2 (two) months from the date of receipt of
respective applications from the petitioners on shifting
of their saw mills beyond the distance of 05 kms. from
the nearest boundary of the notified forest."
5. Since the present writ petition is covered by the aforesaid
judgment, it is also dismissed in terms with the same.
I.A. No. 8988 of 2017 also stands dismissed accordingly.
(Rajesh Shankar, J.)
Manish
