Patna High Court
Maheshwar Mistri vs The State Of Bihar Through The ... on 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11357 of 2021
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1. Maheshwar Mistri, Son of Late Kailash Mistri Resident of Village - Anti -
Kadirganj, P.S. - Kadirganj, District- Nawada.
2. Ramdeo Mistri, Son of Late kali Mistri Resident of Village - Dariyapur, P.S.
Warsaliganj, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Environment and Forest
Department, Government of Bihar, Patna.
2. The Principal Chief Conservator of Forest - cum- Chairman of State Level
Committee for Wood - based Industries, Bihar, Patna, Bihar, Patna.
3. The Licensing Officer-cum- Divisional Forest Officer, Nawada Forest
Division, Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, G.P.-14
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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(The proceedings of the Court are being conducted by
Hon'ble the Chief Justice/ Hon'ble Judges through
Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs
joined the proceedings through Video Conferencing
from their residences/offices.)
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Date : 04-01-2022
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
"(i) For issuance of a writ in the nature of
Mandamus directing the Respondent No. 2 - Chairman
of State Level Committee for Wood-based Industries,
Patna High Court CWJC No.11357 of 2021 dt.04-01-2022
Bihar to dispose of the petition dated 16.8.2020
(Annexure-3) filed by the petitioners for grant of
license under Bihar Saw Mills (Regulation) Act, 1990
in terms of the order dated 5.10.2015 passed by the
Hon'ble Supreme Court in Writ Petition (Civil) No. 202
of 1995 as the State of Bihar vide Memo No. 406 dated
3.12.2015 has already constituted State Level
Committee under the Chairmanship of the Principal
Chief Conservator of Forest, Bihar.
(ii) For issuance of a writ in the nature of
mandamus directing the respondents not to take any
coercive action against the petitioners till the disposal
of petition dated 16.8.2020 in the facts and
circumstances of the case.
(iii) For issuance of such other writ(s), order(s),
direction(s) as your Lordships may deem fit and
proper."
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation which the
petitioner shall be filing within a period of four weeks from
today for redressal of the grievance(s).
Learned counsel for the respondents states that if
such a representation is filed by the petitioners, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
Patna High Court CWJC No.11357 of 2021 dt.04-01-2022
filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
terms:-
(a) Petitioners shall approach the authority concerned
i.e Respondent No. 2, namely The Principal Chief Conservator
of Forest-cum-Chairman of State Level Committee for Wood-
based Industries, Bihar, Patna within a period of four weeks
from today by filing a representation for redressal of the
grievance(s);
(b) The said authority shall consider and dispose it of
expeditiously by a reasoned and speaking order preferably
within a period of three months from the date of its filing along
with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioners to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(e) We are hopeful that as and when petitioners take
recourse to such remedies, as are otherwise available in law,
Patna High Court CWJC No.11357 of 2021 dt.04-01-2022
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(f) Liberty reserved to the petitioners to approach
the appropriate forum, if the need so arises subsequently on the
same and subsequent cause of action;
(g) We have not expressed any opinion on merits. All
issues are left open;
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person i.e.
physical mode;
The petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/KC Jha
AFR/NAFR
CAV DATE
Uploading Date 08.01.2022
Transmission Date
