Disposed

M/s Vivek Sharma Saw Mill and Ors. v. The State Of Bihar and Ors.

Patna HC25 Mar 2014CWJC/3791/2013

Case brief

AI extract

What is this about?

Nine saw mill proprietors challenged their exclusion from a seniority list and the directive to close down non-listed mills. The court directed the Principal Chief Conservator of Forest to dispose of the petitioners' pending objections without examining the merits of their entitlement under the Bihar Saw Mill Regulation Act, 1990.

What did the court decide?

Directed the Principal Chief Conservator of Forest, Bihar to consider and dispose of the objection petitions filed by the petitioners in accordance with law.

M/s Vivek Sharma Saw Mill and Ors. Vs The State Of… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3791 of 2013

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M/S Vivek Sharma Saw Mill, P.G. Road, Jehanabad A Proprietorship Firm Through Its Proprietor Vivek Sharma S/O Late Saryug Vishwakarma Resident Of Village- Larsa, P.S- Parabigha, District- Jehanabad.

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M/S Sitaram Saw Mill, Chitokhar, P.S- Tekari, District- Gaya A Proprietorship Firm Through Its Proprietor Sitaram Sharma S/O Sri Ram Dahin Mistri Resident Of Village- Chitokhar, P.S- Tekari, District- Gaya. 3. M/S Arun Saw Mill, Kurtha, P.S- Kurtha, District- Arwal A Proprietorship Firm Through Its Proprietor Arun Mistri S/O Sri Sidheshswar Mistri Resident Of Village- Nayansukh Bigha, P.S- Kurtha, District- Arwal.

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M/S Kamlesh Saw Mill, Kosiawan, P.S- Ekangarsarai, District- Nalanda, A Proprietorship Firm Through Its Proprietor Kamlesh Sharma S/O Sri Baleshwar Mistri Resident Of Village- Parthu, P.S- Ekangarsarai, DistrictNalanda.

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M/S Shariram Furniture & Saw Millm Ekangarsarai, P.S- Ekangarsarai, District- Nalanda, A Proprietorship Firm Through Its Proprietor Ram Swarath Mistri S/O Late Ishwar Mistri Resident Of Ekangarsarai, P.SEkangarsarai, District- Nalanda.

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M/S Dwarika Kasth Udyog, Ekangarsarai, P.S- Ekangarsarai, DistrictNalanda A Proprietorship Firm Through Its Proprietor Dwarika Mistri S/O Late Chamru Mistri Resident Of Ekangarsarai, P.S- Ekangarsarai, DistrictNalanda.

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M/S Lalan Furniture & Saw Mill, Ekangarsarai, P.S- Ekangarsarai, District- Nalanda A Proprietorship Firm Through Its Proprietor Lalan Mistri S/O Late Sadhu Mistri Resident Of Ekangarsarai, P.S- Ekangarsarai, District- Nalanda.

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M/S Suraj Furniture & Saw Mill, Parwalpur, P.S- Parwalpur, DistrictNalanda A Proprietorship Firm Through Its Proprietor Upendra Mistri S/O Late Mewa Mistri Resident Of Village- Parwalpur, P.S Parwalpur, DistrictNalanda.

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M/S Durga Furniture @ Saw Mill, Dhurgaon, P.S- Ekangarsarai, DistrictNalanda A Proprietorship Firm Through Its Proprietor Satendra Mistri S/O Late Amrit Mistri Resident Of Village- Dhurgaon, P.S- Ekangarsarai.

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.... .... Petitioner/s

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Versus

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The State Of Bihar, Through The Principal Secretary, Environment And Forest Department, Government Of Bihar, Patna

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The Principal Chief Consrvator Of Forest, Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna.

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The Commissioner- Cum- Chairman, Selection Committee Of Saw Mills, Patna Division, Patna. 4. The Commissioner- Cum- Chairman, Selection Committee Of Saw Mills Magadh Division, Gaya.

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The Conservator Of Forest, Patna Circle, Patna.

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The Conservator Of Forest, Gaya Circle, Gaya.

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The Divisional Forest Officer, Gaya Gorest Division, Gaya.

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The Divisional Forest Officer, Aurangabad, Forest Division, Aurangabad. 9. The Divisional Forest Officer, Nalanda Forest Division, Biharsharif.

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The Officer Incharge, Ekangarsarai, Police Station, Ekangarsarai,

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Patna High Court CWJC No.3791 of 2013 (4) dt.25-03-2014

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District- Nalanda.

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The Officer Incharge, Parwalpur Police Station- Parwalpur, DistrictNalanda.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Vinay Mistry For the Respondent/s : Mr. S.A. Alam Sc3

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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4 25-03-2014

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Heard Mr. Mistry for the petitioner and learned A.C.

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to S.C. 3 for the State.

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Nine petitioners herein claimed themselves owners of Saw Mills. As about the factual background is concerned, they cannot be placed on one footing. It is not claimed that they were ever issued licnece or any such application was filed on their behalf seeking licence which remained pending.

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The petitioners have questioned the seniority list of Saw Mills operating in the State of Bihar (in the case at hand in the district of Jehanabad, Gaya and Nalanda). They were not included in the seniority list. They have also questioned the communication dated 5.9.2011 issued by the Principal Chief Conservator of Forest directing the authorities to ensure that rest of the Saw Mills which have not been included in the seniority list prepared by the respondents be closed down.

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Learned counsel for the petitioners has made one submission that objections were filed before the Principal Chief Conservator of Forest who is the President of the State Level

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Patna High Court CWJC No.3791 of 2013 (4) dt.25-03-2014

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Selection Committee which have not been disposed of. It has thus been submitted that the application be disposed of directing the Principal Chief Conservator of Forest to consider and dispose of the objections filed by the petitioners.

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Learned counsel for the State, on the other hand, submits that the petitioners are neither the licensee nor the ones who filed applications for issuance of licence under the Bihar Saw Mill Regulation Act, 1990 which remained pending until a decision was taken to prepare a seniority list of the operating Saw Mills having licence or the applicants in the light of order passed by the Hon’ble Apex Court.

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In view of the submission of the petitioners, this Court disposed of the present writ petition by directing the Principal Chief Conservator of Forest, Bihar to look to the objection petitions, if any, filed by the petitioners and disposed of the same in accordance with law. Let it be recorded that this Court has not gone into the merit of the contentions of the petitioners that they are entitled to make any such objection under the relevant provisions of the Act and the order passed by the Hon’ble Apex Court or the Resolution of the State Government.

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The application is disposed of.

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(Kishore Kumar Mandal, J)

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Pankaj/-

M/s Vivek Sharma Saw Mill and Ors. v. The State Of Bihar and Ors.

Case brief

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M/s Vivek Sharma Saw Mill and Ors. v. The State Of Bihar and Ors.

Case brief

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