Judicial decrees must be complied with unless overturned, establishing finality and preventing re-litigation of resolved issues.

The present writ petition has been filed praying for the issuance of a writ of mandamus directing the concerned respondents to grant and/or renew the license to operate a sawmill under the name and style of Messrs Radha Rani Timber Works in favor of the petitioner.

Briefly stated, the facts leading to the institution of the present writ petition are that the petitioner operates a sawmill under the name and style of “Lakshmi Narayan Saw Mill” situated on Plot Nos. 1612 and 1613, Mouza Sankoa, J.L. No. 398, Old Khatian No. 358, New Khatian No. 115, Police Station Kharagpur (Local), District Midnapore (West). Meanwhile, one Shyamapada Santra operated another sawmill under the name and style of Messrs Radha Rani Timber Works from the adjacent plots.

The petitioner, by virtue of a registered instrument, claims to have purchased the licence granted to Mr. Santra to operate the sawmill known as Messrs Radha Rani Timber Works. Subsequently, the petitioner applied for the renewal of the licence for the said sawmill. However, the licence was renewed in the name of the former owner, Mr. Shyamapada Santra.

After the expiry of the said license, the petitioner submitted an application to the Divisional Officer, praying for the renewal of the license in the petitioner’s favour. However, despite receipt of the application, no effective action was taken by the authorities. This continued inaction compelled the petitioner to file a suit, registered as Title Suit No. 150 of 2011, seeking a declaration and injunction.

However, the suit was dismissed by judgment and decree dated 22nd March, 2017. Aggrieved by those judgment and decree, the petitioner filed an appeal registered as Title Appeal No. 34 of 2017 . The appeal was contested and ultimately allowed. The judgment and decree of the learned Trial Court were set aside, and the suit was decreed, declaring that the plaintiff is entitled to obtain the license in respect of M/s. Radha Rani Timber Works. It was further held that the defendants/respondents Nos. 1 and 2 have no right or authority to deny the renewal of the license in the name of the plaintiff for M/s. Radha Rani Timber Works. However, the authority has not acted in accordance with the judgment and decree passed by the Appellate Court. Faced with this situation, the petitioner has been constrained to file the present writ petition.

Mr. Mahata, learned Advocate representing the petitioner, submits that the respondents have not challenged the judgment and decree passed by the learned Appellate Court before any higher forum. Consequently, the said judgment and decree have attained finality. The respondents may therefore be directed to act in accordance with the judgment and decree passed on appeal and to grant and/or renew the license of Messrs Radha Rani Timber Works in the name of the present petitioner. Mr. Sen, learned Additional Government Pleader, strongly opposes the contentions advanced on behalf of the petitioner. He submits that the petitioner unilaterally amalgamated both sawmills without obtaining prior permission from the Forest Department. He further contends that the license granted in favour of Messrs Radha Rani Timber Works is not transferable in terms of Rule 6(3)(b) of the West Bengal Forest (Establishment and Regulation of Saw Mill and Other Wood-Based Industries)

Rules, 1982 (hereinafter referred to as the “1982 Rules”).

He further submits that, to obtain a licence from the competent authority, an application must be submitted in the prescribed Form No. II, in accordance with Rule 4(1) of the 1982 Rules. In the present case, the petitioner has not submitted any such application. Additionally, he contends that the petitioner does not possess a valid license to operate the Lakshmi Narayan Saw Mill and has been operating both sawmills solely on the basis of the license granted in favour of Messrs Radha Rani Timber Works.

Mr. Sen further contends that, having purportedly unilaterally amalgamated both sawmills, the petitioner a