M/S Upendra Saw Mill vs The State Of Bihar
2022 Latest Caselaw 743 Patna

Citation : 2022 Latest Caselaw 743 Patna
Judgement Date : 29 January, 2022

Patna High Court

M/S Upendra Saw Mill vs The State Of Bihar on 29 January, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17917 of 2021
     ======================================================

M/S Upendra Saw Mill, Bajitpur- Manigachi, P.S.- Manigachi, District- Darbhanga, a Proprietorship firm through its Power of Attorney Holder Manoj Kumar Thakur, aged about 35 years- Male, Son of Late Upendra Thakur, Resident of Ward No. 02, Bajitpur, P.S.- Manigachi, District- Darbhanga.

... ... Petitioner/s Versus

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

2. The Chairman of the State Level Committee for Wood Based Industries-

cum-The Principal Chief Conservator of Forest, Bihar.

3. The Licensing Officer-cum- Divisional Forest Officer, Mithila Forest Division, Darbhanga.

4. The Incharge Forester, Darbhanga.

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

For the Petitioner/s : Mr.Vinay Mistry, Advocate For the Respondent/s : Mr.Anant Prasad Singh ( SC15 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (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 : 29-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

"(i) For issuance of a writ i the nature of certiorari for quashing of the seizure list dated 2.7.2021 (Annexure-P-6) prepared by the In charge Forester, Darbhanga whereby the saw mill has been seized situated over the land

& Khata No. 54, Khesra No. 13, Mauza-

Bajitpur, P.S.- Manigachhi, District- Darbhanga Patna High Court CWJC No.17917 of 2021 dt.29-01-2022

as the Forester is not authorised to make inspection, search and seizure of saw mills in terms of section 8 of the Bihar Saw Mills (Regulation) Act 1990 and the same is also contrary to the decision of the State Level Committee dated 27.5.2020.

(ii) For issuance of a writ in the nature of mandamus directing the Respondent No. 3 to allow the petitioner to run his saw mill over the newly place appertaining to Khata No. 390, Khesra No. 255 & Khata No. 54, Khesra No. 13, Mauza -Bajitlpur, P.S. Manigachhi, District- Darbhanga in the facts and circumstances of the case.

(iii) For issuance of a writ in the nature of mandamus directing the Respondent No. 3 to seize and confiscate the illegal saw mill in exercise of its power under section 8 & 13 of the Bihar Saw Mills (Regulation) Act, 1990 if the illegal saw mill is operated by any person over the old land appertaining to Khata No. 284, Khesra No. 4833 (Old Place) for which here is no grievance of the petitioner.

(iv) 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 i.e.

(Respondent No. 3, the Licensing Officer-cum- Divisional

Forest Officer, Mithila Forest Division, Darbhanga) to

consider and decide the representation which the petitioner shall Patna High Court CWJC No.17917 of 2021 dt.29-01-2022

be filing within a period of four weeks from today for redressal

of the grievance(s).

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 one month 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 one month from the

date of its filing along with a copy of this

order;