IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5200 of 2011
1. M/s Sant Saw Mill & Furniture Works, Gonawan Road, Harnaut,
P.S. Harnaut, District Nalanda a proprietorship firm through its
Proprietor Ashok Kumar, son of Sri Kameshwar Mistri, resident of
Gonawan Road, Harnaut, P.S. Harnaut, District Nalanda.
2. M/s Badri Saw Mill, Harnaut, P.S. Harnaut, District Nalanda a
proprietorship firm through its Proprietor Ashok Kumar, son of Sri
Kameshwar Mistri, resident of Gonawan Road, Harnaut, P.S.
Harnaut, District Nalanda.
3. M/s Vishwakarma Kasth Kala Udyog, Harnaut, P.S. Harnaut,
District Nalanda a proprietorship firm through its Proprietor of
Raghunandan Sharma, son of Sri Bhuneshwar Sharma, resident of
Harnaut, P.S. Harnaut, District Nalanda.
4. M/s Ram Chandra Saw Mill, Harnaut, P.S. Harnaut, District
Nalanda a proprietorship firm through its Proprietor of Viresh
Kumar Sharma, son of late Ramchandra Sharma, resident of
Gonawan Road, Harnaut, P.S. Harnaut, District Nalanda.
5. M/s Vishwakarma Timber, Harnaut, P.S. Harnaut, District
Nalanda a proprietorship firm through its Proprietor of Kkrishna
Nandan Mistri, son of Sri Prabhu Mistri, resident of Harnaut, P.S.
Harnaut, District Nalanda.
6. M/s Saw Mill, Harnaut, P.S. Harnaut, District Nalanda a
proprietorship firm through its Proprietor of Shakunti Devi, wife of
Sri Singheshwar Mistri, resident of Harnaut, P.S. Harnaut, District
Nalanda.
7. M/s Saw Mill, Harnaut, P.S. Harnaut, District Nalanda a
proprietorship firm through its Proprietor of Ram Anuj Mistri, son
of Sri Karu Mistri, resident of Harnaut, P.S. Harnaut, District
Nalanda.
8. M/s Sahu Ara Saw Mill, Raghopur, Bihta, P.S. Bihta, District
Patna, a proprietorship firm through its Proprietor of Sanjay Kumar
son of late Krishna Prasad, resident of Raghopur, Bihta, P.S. Bihta,
District Patna
9. M/s Shivam Timber, Kusumari, P.S. Riga, District Sitamarhi, a
proprietorship firm through its Proprietor of Harendra Kumar, son
of Sri Sarjug Mahto, resident of village Kusumari, P.S. Riga,
District Sitamarhi.
.. Petitioners.
Versus
1. The State of Bihar through the Principal Secretary, Department of
Environment and Forest Government of Bihar, Sichai Bhawan,
Secretariat, Patna.
2. The Principal Chief Conservator of Forest, Department of
Environment and Forest Government of Bihar, 4th Floor,
Technology Bhawan, Bailey Road, Patna.
3. The Commissioner, Patna Division, Patna-cum-Chairman,
Selection Committee of Saw Mills, Patna, District, Patna
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4. The Chairman, Selection Committee-cum-Commissioner, Tirhut
Division, Muzaffarpur.
5. The Conservator of Forest, Patna Circle, Patna
6. The Conservator of Forest, Muzaffapur Circle, Muzaffarpur
7. The Licensing Authority-cum-Divisional Forest Officer, Nalanda
Forest Division, Biharsharif
8. The Licensing Authority-cum-Divisional Forest Officer, Patna
Forest Division, Patna
9. The Licensing Authority-cum-Divisional Forest Officer, Tirhut
Forest Division, Muzaffarpur
10. M/s Deepak Timber, Gaushala Road, Bairgania, Sitamarhi
Proprietor Raushan Kumar, Gaushala Road, Bairgania, District
Sitamarhi.
Respondents.
C.W.J.C. No. 5230 of 2011
1. M/s Vishnu Saw Mill, Silao, P.S. Silao District Nalanda a
proprietorship firm through its Proprietor Anuradha Sinha,son of
Sri Rajendra Sharma, resident of village Silao, P.S. Silao, District
Nalanda
2. M/s Saw Mill, Bhagan Bigaha, Rahui, P.S. Rahui, District Nalanda
a proprietorship firm through its Proprietor of Arjun Mistri, son of
late Muazi Mistri, resident of village Bhagan Bigha, P.S. Raghui,
District Nalanda
... Petitioners.
. versus
1. The State of Bihar through the Principal Secretary, Department of
Environment and Forest Government of Bihar, Sichai Bhawan,
Secretariat, Patna.
2. The Principal Chief Conservator of Forest, Department of
Environment and Forest Government of Bihar, 4th Floor,
Technology Bhawan, Bailey Road, Patna.
3. The Commissioner, Patna Division, Patna-cum-Chairman,
Selection Committee of Saw Mills, Patna, District, Patna
4. The Conservator of Forest, Patna Circle, Patna
5. The Licensing Authority-cum-Divisional Forest Officer, Nalanda
Forest Division, Biharsharif
....Respondents
C.W.J.C. No. 5520 of 2011
Yadunandan Sharma, son of late Ram Lakhan Sharma, resident of
village +P.O. Kheshar, P.S. Belhar, District Banka
.... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of
Environment and Forest Government of Bihar, Patna.
2. The Principal Chief Conservator of Forest, Bihar, Patna.
3. The Divisional Commissioner, Bhagalpur-cum-The Chairman of
Saw Mill Selection Committee, Bhagalpur.
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4. The Conservator of Forest, Bhagalpur-cum-Member, Saw Mill
Selection Committee, Bhagalpur
5. The Divisional Forest Officer, Banka-cum-Member Secretary, Saw
Mill Selection Committee, Bhagalpur.
6. The Range Officer, Banka Range Divisional Forest Office, Banka.
7. The Forester, Banka Circle, Divisional Forest Office, Banka.
...Respondents
C.W.J.C. No. 5553 of 2011
Umesh Prasad Sharma, son of Kamleshwari Sharma, resident of
village Baliyat, P.O. +P.S. Dhoraiya, District Banka.
... Petitioner
versus
1. The State of Bihar through the Principal Secretary, Department of
Environment and Forest Government of Bihar, Patna.
2. The Principal Chief Conservator of Forest, Bihar, Patna.
3. The Divisional Commissioner, Bhagalpur-cum-The Chairman of
Saw Mill Selection Committee, Bhagalpur.
4. The Conservator of Forest, Bhagalpur-cum-Member, Saw Mill
Selection Committee, Bhagalpur
5. The Divisional Forest Officer, Banka-cum-Member Secretary, Saw
Mill Selection Committee, Bhagalpur.
6. The Range Officer, Banka Range Divisional Forest Office, Banka.
7. The Forester, Banka Circle, Divisional Forest Office, Banka.
...Respondents
.......
For the Petitioners : M/s Mrigank Mauli, Vinay Mistri, Aditya
Prakash Sahay & Manas Prakash,
Advocates
For the State : Mr. M. K. Mishra, G.P. 25,
Mr. B. K. Singh, A.C. to G.P.V,
Mr. K. B. Singh. G.P. 22 and
Mr. Neeraj Kumar, A.C. to G.P. 22
———
03/ 05.04.2011 Heard learned counsel for the petitioners and learned
counsel for the State of Bihar and its authorities.
2. This writ petition has been filed by the petitioners for
directing respondent-authorities not to disturb the trade and
business of the petitioners and to grant/renew the licenses in favour
of the petitioners and for quashing the Seniority Lists issued by
respondents selecting the saw mills and also for challenging
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Memos/Letters issued against the petitioners directing them to
immediately close down their respective saw mills and further to
dispose of the stocks of timbers within the time frame. The
petitioners have also challenged the circulars issued by the
respondents laying down the arbitrary criteria for selecting the
seniority of the saw mills and also for directing the respondents to
prepare fresh list of saw mills after re-examining the seniority as per
the recommendation dated 11.06.2008 made by the Central
Empowered Committee which was approved by Supreme Court and
for other ancillary reliefs.
3. The matter is a contested one and both the parties are
raising their respective claims. Similar matter had arisen earlier in
C.W.J.C. No.4207 of 2011 and the only difference between that case
and the instant case is that in the earlier case the father of the
petitioner was the licensee whereas in the instant cases the
petitioners themselves are the licensees. This fact hardly affects the
merit of the case. In the said circumstances, these cases are also
disposed of in terms of order dated 08.03.2011 passed in C.W.J.C.
No.4207 of 2011.
4. The petitioners have got an alternative remedy and
hence they should prefer appeals against the impugned decisions
taken by the District Level Committee. If such appeals are filed
along with a copy of this order as well as an interlocutory
application for condoning the delay, the appellate authority shall
consider the delay caused due to filing of these writ petitions and
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shall decide the said appeals on merits expeditiously preferably
within a period of four months thereafter keeping in view the order
of the Apex Court dated 30.01.2009 passed in WP(C) No. 460 of
2004 and other analogous cases as well as the decision dated
04.09.2009 passed in WP(C) No. 202 of 1995 (Annexures 4 and 5,
respectively ) and the steps taken by the Government in the light of
the said decisions. If such appeals are filed as per the direction given
above, the operation of the orders impugned in these writ petitions
shall remain stayed till disposal of the concerned appeals.
MPS/ ( S. N. Hussain, J. )