M/S Dheeraj Timber Mart vs The State Of Madhya Pradesh
2022 Latest Caselaw 6989 MP

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                              BEFORE
                                                HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                      ON THE 9th OF MAY, 2022

                                                WRIT PETITION No. 13114 of 2011

                                    Between:-
                         1.         M/S DHEERAJ TIMBER MART THROUGH PROP. SHRI
                                    VISANJI BHAI PATEL S/O SHRI RAMJI BHAI PATEL,
                                    AGED ABOUT 50 YEARS, R/O HOUSE NO.905/1,
                                    MAHANADDA,     GUPTESHWAR    ROAD,  JABALPUR
                                    (MADHYA PRADESH)

                         2.         M/S DHEERAJ & COMPANY, THROUGH PROP.
                                    BHAGWANDAS PATEL, S/O RAMJI BHAI PATEL, AGED
                                    ABOUT   47  YEARS,   H.NO.905/1, MAHANADDA,
                                    GUPTESHWAR ROAD, JABALPUR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                    (BY SHRI SOURABH TIWARI, ADVOCATE)

                                    AND

                         1.         THE STATE OF MADHYA PRADESH             THROUGH
                                    SECRETARY, MINISTRY OF FOREST,          VALLABH
                                    BHAWAN, BHOPAL (MADHYA PRADESH)

                         2.         CHIEF CONSERVATOR OF FOREST, CENTRAL CIRCLE,
                                    JABALPUR (MADHYA PRADESH)

                         3.         DIVISIONAL FOREST OFFICER (GENERAL) FOREST
                                    DIVISION JABALPUR (MADHYA PRADESH)

                         4.         MANAGING DIRECTOR, MADHYA PRADESH VAN VIKAS
                                    NIGAM    LTD. 451, SANJEEVANI NAGAR, GARHA,
                                    JABALPUR (MADHYA PRADESH)

                         5.         DIVISIONAL MANAGER, KUNDAM PROJECT, 451,
                                    SANJEEVANI NAGAR, GARHA, JABALPUR (MADHYA
                                    PRADESH)

                         6.         CHAIRMAN, MADHYA PRADESH VAN VIKAS NIGAM,
Signature Not Verified
  SAN
                                    BHOPAL (MADHYA PRADESH)

Digitally signed by ASHISH KOSHTA
Date: 2022.05.09 17:30:25 IST                                                         .....RESPONDENTS
                                    (BY SHRI MANISH SHUKLA, PANEL LAWYER)
                                                                            2
                                    This petition coming on for admission this day, the court passed the following:
                                                                       ORDER

The petition has been filed by the petitioner in the year 2011, challenging the order dated 03.3.2011, whereby the licence of the petitioner running the Saw Mill has been seized and Saw Mill was closed.

The contention of learned counsel for the petitioner is that the impugned action was taken against him as a criminal case was registered against him. It is stated that he has been acquitted in Special Case No. 1/2009 vide judgment and order dated 26.10.2017. Since the department has seized the licence of running the Saw Mill on the basis of the aforestated criminal case, in which now the petitioner has been acquitted, he

does not want to press this petition but seeks a liberty to file a fresh representation before the authority concerned for permitting him to run his Saw Mill.

Learned Panel Lawyer for the respondent/State has no objection to the aforesaid prayer.

Considering the submissions of learned counsel for the parties, this petition is dismissed as not pressed. However, a liberty is granted to the petitioner to file a fresh representation along with a copy of the order of acquittal dated 26.10.2017 before the concerned authority, and the authority, in turn, shall decide the representation keeping in view of the order of acquittal in favour of the petitioner. Let this exercise be completed within a period of 60 days from the date of submitting a certified copy of this order along with a representation and a copy of order of acquittal dated 26.10.2017 before the concerned authority.

It is made clear that this Court has not opined on the merits of the case. Certified copy as per rules.

Signature Not Verified SAN

Digitally signed by ASHISH KOSHTA Date: 2022.05.09 17:30:25 IST

(NANDITA DUBEY) JUDGE ak

Signature Not Verified SAN

Digitally signed by ASHISH KOSHTA Date: 2022.05.09 17:30:25 IST