Disposed

Hanuman Das Agrawal v. The State Of Bihar and Ors.

Patna HC12 Sept 2013CWJC/12388/2012

Case brief

AI extract

What is this about?

Petitioner sought writ to challenge lower placement in a select list for saw mill licenses. Court held issues academic as proposal allowed more mills than positions; disposed with liberty to agitate if license denied due to serial number.

What did the court decide?

Application disposed with liberty to petitioner to agitate matter if license is not issued due to serial number.

Hanuman Das Agrawal Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12388 of 2012

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====================================================== Hanuman Das Agrawal S/O Late Sohan Lal Agrawal Proprietor M/s. Laxmi Saw Mill, Barahat, P.S. and P.O. Barahat, District Banka.

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.... .... Petitioner Versus 1. The State of Bihar through the Secretary Department of Forest and Environment, Government of Bihar at Patna. 2. “AARA MILL CHAYAN SAMITI”, through the Divisional Forest Officer, Banka cum Secretary “Aara Mill Chayan Samiti”, Banka. 3. The Divisional Forest Officer, Banka cum Secretary “Aara Mill Chayan Samiti”, Banka.

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The Forest Range Officer, Bounsi District Banka.

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate For the Respondent/s : Mr. R.R.Tiwari, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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7 12-09-2013 Heard learned counsel for the petitioner and learned

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counsel for the State.

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Learned counsel for the petitioner has produced in Court a photo copy of Office Order dated 21.9.2012 issued by the Principal Chief Conservator of Forest, Bihar, Patna in which for Banka district 11 saw mills have been decided to be kept in the select list for issuance of licence. The petitioner’s name finds place at Serial No.6.

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The writ application has been filed by the petitioner with the claim that he should have been placed at Serial No.4 of the said merit list.

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Patna High Court CWJC No.12388 of 2012 (7) dt.12-09-2013

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In the counter affidavit filed on behalf of the State it is submitted that, as a matter of fact, the State Government has made a proposal before the Supreme Court that for Banka district 36 saw mills should be allowed.

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In view of the aforesaid situation and the Office Order dated 21.9.2012 issued by the Principal Chief Conservator of Forest, the issues raised in the present writ application are at present academic. The petitioners claim may be required to be adjudicated only in a situation where it is proposed not to grant licence to the petitioner because his saw mill is at lower position in the seniority than the number of licences which are to be issued.

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The writ application is, accordingly, disposed of with a liberty to the petitioner to agitate the matter in case the petitioner is not issued licence on the ground that he is at Serial No.6 and not at Serial No.4.

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(Ramesh Kumar Datta, J)

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spal/-

Hanuman Das Agrawal v. The State Of Bihar and Ors.

Case brief

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Hanuman Das Agrawal v. The State Of Bihar and Ors.

Case brief

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