High Court Patna High Court - Orders

M/S Sant Saw Mill &Amp; Furniture vs The State Of Bihar &Amp; Ors on 5 April, 2011

Patna High Court – Orders
M/S Sant Saw Mill &Amp; Furniture vs The State Of Bihar &Amp; Ors on 5 April, 2011
      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.
                                          3




                   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. )