Smt. Sukhiya Devi @ Surati Devi vs The State Of Bihar
2023 Latest Caselaw 36 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.18713 of 2019
     ======================================================

Smt. Sukhiya Devi @ Surati Devi, aged about 89 years, female, W/o late Nathuni Thakur, R/o Lakhnauri, Mohabatpur P.S.- Devaria Kothi District- Muzaffarpur owner of M/S Laxmi Saw Mill situated at, Village- Bishunpur Saraiya, P.S. and Post- Kevaria Kothi District- Muzaffarpur.

... ... Petitioner/s Versus

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

2. The Principal Chief Conservator of Forest, Technology Bhawan, Bailey Road, Patna.

3. The Regional Chief Conservator of Forest, Bihar, Muzaffarpur.

4. The Conservator of Forest, Forest Circle Muzaffarpur.

5. The Prescribed Authority cum Conservator of Forest cum Addl. Director, North Bihar, Hariyali Mission, Department of Environment, Forest and Climate Change, Bihar Patna.

6. The Licensing Authority cum Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur.

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

For the Petitioner : Mr. Alok Kumar Agrawal, Advocate For the State : Mr. Prabhat Kumar, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH)

Date : 02-01-2023

Heard Mr. Alok Kumar Agrawal, learned counsel for the

petitioner and Mr. Prabhat Kumar, learned AC to GA 11 for the

State.

Patna High Court CWJC No.18713 of 2019 dt.02-01-2023

2. The petitioner has moved the Court for the following

relief:

"That this application is for issuance of appropriate writ/ writs for setting aside the Order dt. 25.06.2019 passed in Appeal no.- 31 of 2015 and Order bearing memo no.- 230 dt.- 2.02.2015 by Respondent no.-5 and 6 respectively whereby and where under Saw Mill License of Petitioner has been cancelled wrongly and illegally and further direction to Respondent no.-6 to renew the License up-to-date, in the interest of justice."

3. After some arguments, learned counsel for the

petitioner submits that a new advisory has come from the Central

Government with regard to the total number of Saw Mills allowed

and feasible in the State of Bihar for which the authorities are now

required to take fresh steps for issuing of license. It was submitted

that he may be permitted not to press the writ application with

liberty to apply afresh for license for a Saw Mill before the

competent authority/ forum for consideration of grant of license to

her which may be done without outcome of the present

proceeding.

4. Learned counsel for the State does not object.

5. Having regard to the aforesaid, the writ petition stands

disposed of with liberty aforesaid.

6. If the petitioner applies before the competent

authority/ forum for grant of license with regard to a Saw Mill, the Patna High Court CWJC No.18713 of 2019 dt.02-01-2023

same shall be considered, in accordance with law, without being

prejudiced by the present order.

(Ahsanuddin Amanullah, J)

(Harish Kumar, J)

Ranjeet/Anjani-

AFR/NAFR U T