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1999 Supreme(Pat) 266

AFTAB ALAM
Rajeeva Ranjan Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Uday Shankar Sharan Singh, Advocate.
For the State : G.P. Rai, AAG III.

ORDER

1. The petitioner seeks to challenge the orders rejecting his application for grant of licence for establishing a Saw Mill as provided under section 5 of the Bihar Saw Mills (Regulation) Act, 1990.

2. The petitioner made an application for establishing a Saw Mill at Obra in the district of Aurangabad. It is undeniable that the village of Obra is not a forest or forest land within the meaning of the Forest (Conservation) Act. The petitioner's application was admittedly for the grant of a fresh licence and not for renewal of a subsisting licence.

3. According to the case of the respondents the petitioner was in fact running his Saw Mill from before without a licence and it was only after he was found running the mill without a proper licence that he made an application for grant of licence under the saw Mills (Regulation) Act.

4. Nothing much, however defends on this allegation as the petitioner was denied licence not because he was running a Saw Mill from before in violation of the provisions of the Saw Mills (Regulation) Act but because the Principal Chief Conservator of Forest, Ranchi has issued a direction prohibiting the issuance of any fresh licence for Saw Mills. The petiti













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