SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2019 Supreme(Pat) 597

IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Priya, J.
Bhagwati Timber - Appellant
Vs.
State Of Bihar Through Its Principal Secretary, Department Of Environment And Forest - Respondent
Civil Writ No. 2862 of 2015, 2711 of 2015
Decided On : 12-04-2019

Advocates Appeared:
For the Appellant : Purnendu Singh, Pronoti Singh, Adv.,
For the Respondent: Kamlesh Kishore, A.K. Rastogi, Naman Nayak, Adv.

Headnote:

Bihar Saw Mills (Regulation) Act, 1990 – Section 2(g) – Licence to Veneer Mills – Petitioners challenging the seniority list on the ground that Veneer Mills placed much below in the provisional list, have been placed above arbitrarily in the final seniority list – Respondents not able to give any justifiable reason with regard to the allegation that seniority list of Veneer Mill and Plywood Industries have been prepared without following any standard yardstick in contravention of the guidelines set forth by the central empowered committee and Hon'ble Supreme Court – Impugned seniority list not in accordance with law and respondents quashed accordingly – Writ applications allowed – However, since other units mentioned in the seniority list have not been heard, status quo with respect with respect to the impugned seniority list directed to be maintained till the seniority list is prepared afresh. (Paras 38, 52 & 60)

WP (c) No. 2002 of 1995 (SC), 2001 (1) PLJR 468; 2003 (1) PLJR 343; 2005 (1) PLJR 33 – Referred

JUDGMENT :

Sanjay Priya, J.

Both the writ applications have been heard together and are disposed off by this common judgment as question involved in both the applications is same and similar.

2. Petitioners have filed instant writ application for quashing the final seniority list of Veneer Mills established as on 30.10.2002 or prior thereto issued from the office of the Additional Principal Chief Conservator of Forest cum Chief Wildlife Preservation Officer, Bihar, Patna, vide Office Order No.32 dated 22.07.2013, whereby and whereunder final seniority list of Veneer Mills has been published without following the procedures, standards guidelines as laid down by the Apex Court as well as for issuance of writ of mandamus directing the respondents to include the names of the Petitioners Veneer Mills/ Plywood Industries and prepare a fresh seniority list of Veneer Mills after taking into account the standard guidelines set forth by the Central Empowered Committee/ Resolution of the State and also after adopting the fairness and transparency required in this regard.

3. The Petitioner of CWJC No.2862 of 2015 is Veneer Mill owned by sole proprietor, Sri Ramakant Sah, son of late Chandeshswar Sah, who is citizen of India. It has been submitted that Petitioner Veneer Mill is running since 10.08.1995. The sole proprietor, Ramakant Sah, entered into business of production of Veneer by establishing plant and machinery for its production in the year 1995 and got registration under Section 14 of the Bihar Finance Act as soon as his liability to pay tax under Section 3 started. The Circle-in-charge of Sitamarhi Commercial Taxes Circle, Bihar issued Registration No. ST 1295 (R) Zone IV which mentions the liability to pay taxes from the date of commercial production with effect from 10.08.1995. The certificate was issued to the proprietor both under the Bihar Finance Act as well as Certificate No. ST 1116 (C) under the Central Sales Tax Act on 29.10.1995. Thereafter, as and when required the certificate was renewed from time to time. Xerox copy of the Registration No. ST 1295(R) Zone under the Bihar Finance Act as well as Certificate No. ST 1116(C) under the Central Sales Tax Act is annexed as Annexure-1 to the writ application.

4. It is also stated in the writ application that the Petitioner applied for purposes of getting his stock of wood and other raw materials to be inspected from time to time by the authorities of Environment and Forest Department, Government of Bihar. The Divisional Forest Officer cum Licensing Authority, Tirhut Forest Division, granted him License No.237/1996 vide Memo No.512 dated 11.03.1996, the date on which the petitioner has applied for grant of license. Xerox copy of License No.237/1996 granted vide Memo No.512 dated 11.03.1996 is annexed as Annexure-2.

5. The Petitioner obtained No Objection Certificate under Section 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, from the Bihar State Pollution Control Board vide Ref. No. T- 2517 dated 27.04.1998. The Mill is being inspected by the authorities of the Bihar State Pollution Control Board from time to time and granted No Objection Certificate for smooth running of its Mill. The Petitioner has maintained the effluent level within the limits as provided under Rule 4 of the Environment (Protection) Rules, 1986, and other similar Act and Rules for which also the Bihar State Pollution Control Board has granted Emission Consent Order from time to time.

6. It has further been stated that after obtaining License No.237 of 1996 issued from the Environment and Forest Department, Government of Bihar, the Petitioner has also obtained registration from the Commercial Taxes Department, Government of Bihar and obtained No Objection Certificate from the Bihar State Pollution Control Board, Government of Bihar, for running Veneer Mill in accordance with the provisions of Bihar Saw Mill (

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top