Advocates:
['M P S BHATIA', '', 'MANOJ KUMAR JAISWAL', 'H A P S BHATIA', 'A G']

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (C) No. 93 of 2016

Niranjan Mittal S/o Late Shri Prabhudayal Mittal, Aged About 55 Years,

R/o Ambikapur Road, Ward No.1, Manendragarh, Tahsil Manendragarh,

Distt. Korea, Chhattisgarh

---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Department Of Forest,

Govt. Of Chhattisgarh, Mahanadi Bhavan, P.O. Rakhi, Naya Raipur,

Distt. Raipur, Chhattisgarh

2. The Principal Chief Conservator Of Forest Chhattisgarh, Aranya

Bhavan, Medical College Road, Raipur, District Raipur, Chhattisgarh

3. The Divisional Forest Officer (General), Forest Division-

Manendragarh, Distt. Korea, Chhattisgarh

4. The Sub- Divisional Forest Officer General, Forest Division-

Manendragarh, Distt. Korea, Chhattisgarh

---- Respondents

Writ Petition (C) No. 1933 of 2019

Niranjan Mittal S/o Late Shri Prabhudayal Mittal, Aged About 59 Years,

Forest Contractor And Proprietor Of Proprietorship Firm- Prabhu Dayal

Chandra Prakash Mittal, R/o Ambikapur Road, Ward No.1,

Manendragarh, Tahsil Manendragarh, District Korea, Chhattisgarh

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest,

Govt. Of Chhattisgarh, Mahanadi Bhavan, Atal Nagar, Naya Raipur,

District Raipur, Chhattisgarh

2

2. The Principal Chief Conservator Of Forest Of Chhattisgarh, Aranya

Bhavan, Medical College Road Raipur, District Raipur, Chhattisgarh

3. The Conservator Of Forest, Forest Circle Surguja, Ambikapur, District

Surguja, Chhattisgarh

4. The Divisional Forest Officer (General), Forest Division-

Manendragarh, District Korea Chhattisgarh

5. The Sub- Divisional Forest Officer (General), Forest Division

Manendragarh, District Korea, Chhattisgarh

---- Respondents

For Petitioner

:

Mr. M. P. S. Bhatia, Advocate

For State

:

Mr. Ayaz Naved, Govt. Advocate

For Intervenor

:

Mr. A. K. Prasad, Advocate

Hon'ble Shri Justice P. Sam Koshy

Order On Board

08.01.2020

1. These are two writ petitions filed by the petitioner which are inter-linked

and therefore, this Court proceeds to decide both these writ petitions by

a common order.

2. WPC No. 93/2016 has been filed challenging the order of the Divisional

Forest Officer (in short “DFO”) dated 09.10.2015 whereby the

application of the petitioner for renewal of licence to operate the saw

mill was rejected.

3. WPC No. 1933/2019 has been filed challenging the subsequent

development i.e. the order dated 27.03.2019 whereby the Divisional

Forest Officer has asked the petitioner to close down the saw mill

within 24 hours.

3

4. The brief facts relevant for adjudication of the present dispute are that

the father of the petitioner late Prabhudayal Mittal was having a saw

mill as a proprietorship firm by the name M/s Prabhudayal Chandra

Prakash Mittal Saw Mill. The father of the petitioner is alleged to have

executed a power of attorney in favour of the petitioner for looking after

the affairs of the said firm. The father of the petitioner died on

02.03.2008. Thereafter, the petitioner continued to get the lincence

renewed in the name of his father who had expired in the year 2008

and was operating the saw mill. It is only in the year 2013 that the

petitioner moved an application before the concerned authorities in the

Forest Department for transfer of lincence in the name of the petitioner.

It is this application which has been rejected by the Forest Department

vide impugned order dated 09.10.2015 in WPC No. 93/2016.

5. A reading of the aforesaid impugned order dated 09.10.2015 would

reveal that the DFO has rejected the application of the petitioner taking

into consideration a litigation which is still pending consideration before

the High Court in Second Appeal No. 511/2006 in which the Hon'ble

High Court has vide an interim order dated 19.11.2007 directed the

parties to maintain status quo.

6. The contention of the counsel for the petitioner is that the impugned

order of