09.01.2026

Item No.627 (DL)

Court No.551

(Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

W.P.A. 4189 of 2025

M/s. K. S. Timber

-Vs-

The State of West Bengal & Ors.

Md. Jalaluddin,

Mr. Syed N. Hossain, …..for the petitioner.

Mr. K. J. Yusuf, Ld. AGP,

Mr. Parikshit Goswami,

……for the State.

Mr. Soumya Mukherjee,

….for the WBPCB.

1. This writ petition has been filed alleging

inaction on the part of the respondents in issuing licence to the petitioner for setting up secondary saw mill and for using wooden beam

as raw material.

2. Learned advocate appearing for the

petitioner submits that the petitioner had applied for licence for setting up a secondary saw mill and using wooden beam as raw materials as far back as on December 19, 2023 but no licence has been granted to the petitioner

as yet.

3. Learned advocate appearing for the

respondents State authorities has filed a report in the form of an affidavit wherefrom it appears that the petitioner’s name features at serial no. 739 of “compiled list of 1056 secondary non-

pasting sawmill”. It is also evident from the report that the said list was placed before the 10^th State Level Committee Meeting held on September 12, 2025 for further decision. The report reveals that in the said meeting the State Level committee did not approve “further issuance of new secondary liecence from the list of pending application as on dated 31^st May, 2024”.

5. Learned advocate appearing for the respondent State authorities hands up to Court a letter dated January 07, 2026 written by the Divisional Forest Officer & Authorized Officer, Nadia, Murshidabad Division to the Chief Conservator of Forests, Public Grievance Law and Information, West Bengal and submits that the petitioner’s application for issuance of new secondary category saw mill licence M/s.

K.S Timber Saw Mill is still pending.

6. Since the issue involves the right of livelihood of the petitioner, it would be appropriate for the State Level Committee to afford due consideration to the petitioner’s application along with other applications that are pending for issuance of licence in accordance with law.

7. Since the petitioner’s application has been pending consideration since December

2023, this Court deems feet to request the State level Committee to consider and dispose of the petitioner’s application for licence strictly in accordance with law as expeditiously as possible and preferably when the State Level Committee convenes next.

8. It is clarified that this order shall not be treated as a mandate to trump or circumvent the chance of other applicants who may be higher up in the list than the petitioner. That is to say that the petitioner’s application should not jump the queue for receiving consideration of the State Level Committee and should be considered in the right sequence.

9. WPA 4189 of 2025 stands disposed of with the above observations.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Om Narayan Rai, J.)