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2019 Supreme(Pat) 1927

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY PRIYA, J.
(15.5.2019)
CWJC No. 1734 of 2016
Mubarak Hussain
@ Md. Mubarak Hussain : Petitioner
Vs.
State of Bihar & Ors. : Respondents

Advocates:
For the Petitioners: M/s Uma Shankar Verma, Binod Kumar Mishra.
For the Respondents: Smt. Binita Singh, Mr. Nishant Kumar Jha.

Headnote:

Bihar Saw Mills (Regulation) Act, 1990 – Section 7(5) – Against the non-renewal of the license of the petitioner – Committee rejected the claim of renewal of license of the Petitioner as well as inclusion of name of his Saw Mill in the seniority list of Saw Mill – License issued to the Petitioner in 1995 lapsed on 31.12.1995 – No proof submitted by the petitioner before the authority that he applied for renewal of his license at least one month before expiry of the license in prescribed format with renewal fees – Petitioner running the Saw Mill without valid license and without renewal of license after the year 1995 – Saw Mill found in operation without any license and case been instituted and prosecution sanction accorded in offence Report – License of the petitioner cannot be renewed after lapse of almost two decades – No illegality in the impugned order of the rejection of the renewal of the license of the petitioner – Writ petition dismissed. (Paras 1 to 8; 12 to 18; 23 to 29; 32 to 38 & 40 to 43)

AIR 1962 SC 1210 – Relied upon.

SANJAY PRIYA, J.:–This writ application has been filed to quash the order dated 22.06.2015 bearing Office Order No.91 passed by Three Members Committee headed by the Principal Chief Conservator of Forests, Bihar, Patna, by which the authorities did not renew the license of the Petitioner.

2. It has been submitted on behalf of the Petitioner that he was granted license of Saw Mill bearing License No.18 dated 11.12.1995 by the Respondent and was running his business and paying necessary taxes for the same. He was doing business of furniture and furnished wooden items. The Petitioner filed application in the prescribed format before the concerned authority for renewal of his license, but no order was passed. The Petitioner filed CWJC No.2576 of 2009, which was disposed off on 26.02.2009 with observation that grievance with regard to renewal of the license of a Saw Mill can definitely be looked into in the first instance by the licensing authority, whereafter if the Petitioner is aggrieved he has to move the concerned District Judge.

3. In compliance of the order dated 26.02.2009 passed by this Court, the Petitioner filed representation on 04.07.2009/ 20.09.2009 before the Divisional Forest Officer, Motihari District- East Champaran, annexing copy of the order passed by the Hon’ble Court as well as copy of the writ application of CWJC No.2576 of 2009. The District Forest Officer, Motihari, sent a letter to Van Sangrachak Department, Siwan, on 14.10.2009 bearing letter No.1045 to furnish the documents for taking final decision about license because license was issued by the Bettiah Office and records have not yet been transferred to Motihari as yet.

4. The Forest Officer, Motihari, on 05.08.2010 sent a letter to Pramandaliya Prabandhak, Bettiah, West Champaran, for furnishing the information with regard to original documents.

5. The Committee on 08.09.2012 had prepared a panel of 82 Saw Mills. Later on, the Committee prepared a fresh list of total 86 licensee in the District of East Champaran. In pursuance of the objection invited by the authority through newspaper dated 25.08.2012, eight persons filed objection. A fresh list of 86 licensees out of 97 was finally prepared and 11 licensees were referred to the Government for reconsideration. The said order was passed by the Committee on 08.09.2012, which is enclosed as Annexure-6.

6. It is alleged that the authority issued a general notice in newspapers on 25.08.2012 and asked licensees to file objection. In pursuance to that the Petitioner filed an objection to the Chief Conservator of Forest, Bihar, Patna, on 04.09.2002 for reconsideration of renewal of the license. The District Forest Officer sought legal opinion from the Government Advocate, Motihari, who sent the opinion on 01.08.2013 to the District Forest Officer about the guidelines.

7. It has been submitted that Petitioner was running Saw Mill after issuance of license in 1995, but after expiry of the tenure of the license, the Petitioner approached the licensing authority for renewal of the license. In the meanwhile, SLP was filed bearing No.202 of 1995) in the Apex Court. The Apex Court issued some guidelines with regard to issuance of license on 23.01.2003 and ordered to constitute a committee for issuance of license in different States including the State of Bihar under the Bihar Saw Mills Regulation Act, 1990, and fixed the quota in different state at district level.

8. The Petitioner again filed CWJC No.22761 of 2011 as contained in Annexure-8 to the writ application when the authority did not take any action, which was disposed off on 04.03.2013 with direction to dispose off the representation. Xerox copy of the order dated 04.03.2013 passed in CWJC No.22761 of 2011 is enclosed as Annexure-10. The Petitioner filed representation before the District Forest Officer along with copy of the order. The District Forest Officer, Motihari, again did not consider grievance of the Petitioner and the same was rejected on 09.01.2014. Xe

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