Lal Mohan Saw vs The State Of Bihar
2022 Latest Caselaw 526 Patna

Citation : 2022 Latest Caselaw 526 Patna
Judgement Date : 21 January, 2022

Patna High Court

Lal Mohan Saw vs The State Of Bihar on 21 January, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.16475 of 2021
     ======================================================

1. Lal Mohan Saw Son of Keshwar Sao, Resident of Village - Bela Budhan Bigaha, P.S.- Tandwa, District - Aurangabad.

2. Upendra Mehta, Son of Sri Nain Mehta, Resident of Village- Khaira Tola, Khushihalpur, P.S.- Kutumba, District - Aurangabad.

... ... Petitioner/s

Versus

1. The State of Bihar through 2021the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.

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

3. The Licensing Officer-cum-Divisional Forest Officer, Aurangabad Forest Division, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vinay Mistry, Advocate For the Respondent/s : Mr.Sarvesh Kr. Singh, AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

(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.)

Date : 21-01-2022

Heard learned counsel for the parties.

2. Petitioner has prayed for the following relief(s):

"(i) For issuance of a writ in the nature or mandamus directing the Patna High Court CWJC No.16475 of 2021 dt.21-01-2022

Respondent no.2-Chairman of State Level Committee for Wood-based Industries, Bihar to dispose of the petition dated 27.1.2018 (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 the petition dated 27.1.2018 in the facts and circumstances of the case.

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

3. After the matter was heard for some time,

finding the Bench not to be agreeable with the submissions

made by learned counsel for the petitioner, 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).

Patna High Court CWJC No.16475 of 2021 dt.21-01-2022

4. Learned counsel for the respondents states that if

such a representation is filed by the petitioner, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of four months from the date of its

filing along with a copy of this order.

5. Statement accepted and taken on record.

6. As such, petition stands disposed of in the

following terms:-

(a) Petitioner shall approach the authority concerned

within a period of four weeks from today by filing

a representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose

it of expeditiously by a reasoned and speaking

order preferably within a period of four months

from the date of its filing along with a copy of this

order;

(c) The order assigning reasons shall be communicated

to the petitioner;

(d) Needless to add, while considering such

representation, principles of natural justice shall be

followed and due opportunity of hearing afforded

to the parties;

Patna High Court CWJC No.16475 of 2021 dt.21-01-2022

(e) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

(f) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are

otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise

available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law

and with reasonable dispatch;

(h) Liberty reserved to the petitioner to approach the