A writ petition filed under Civil Writ Jurisdiction Case No. 2525 of 2019 sought a direction to the State Level Committee to decide a pending representation for a saw mill license operation within three months.
Directed Respondent no. 2 to dispose of the petitioner's representation within three months after a proper hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2525 of 2019
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Rajesh Kumar son of Yugal Kumar resident of Village- Manikpur, P.S. Alipur, District- Gaya
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vinay Mistry with Mr. Sanjay Kumar, Advocates For the Respondent/s : Mr. Sarvesh Kr. Singh (AAG-13) with Mr. Ravi Kumar AC to AAG-13.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT
Date : 11-02-2019
This writ petition has been filed by the petitioner for issuance of a writ in the nature of Mandamus directing the respondent no.2-Chairman of State Level Committee for Woodbased Industries, Bihar to dispose of the petition dated 16.1.2017 (Annexure- P-2) filed by the petitioner for license/operation of Saw Mill in terms of the order dated 5.10.2015 passed by the Hon’ble Supreme Court in Writ petition (Civil ) No. 202 of 1995 as the State of Bihar vide Memo no. 406 dated 31.12.2015 has already constituted State Level Committee under the Chairmanship, of the Principal Chief Conservator of Forest, Bihar. He has also made prayer for issuance of a writ in the nature of Mandamus directing the respondent no.2 Chairman of State Level Committee for Wood-
Patna High Court CWJC No.2525 of 2019 dt.11-02-2019 2/2
based Industries, Bihar that no coercive action be taken against the petitioner till the aforesaid representation/objection is decided in accordance with law.
Learned counsel for petitioner submits that he has filed representation before the respondent no.2 as contained in Annexure-2 which is pending since 16.1.2017. The grievance of the petitioner is that aforesaid representation has not yet been decided and disposed of.
In such circumstances, the writ petition is disposed of with direction to the Principal Chief Conservator of Forest-cum Chairman of State Level Committee for Wood-based Industries, Bihar, Patna (Respondent no.2) to look into the contentions raised by petitioner in the aforesaid representation (AnnexureP/2) and after giving proper hearing to petitioner and looking into relevant documents produced by the petitioner, dispose of the same within a period of three months from the date of receipt of this order in accordance with law.
(Sanjay Priya, J)
shyambihari/-
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| Uploading Date | 22.2.2019 |
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2 issues framed by the court
Whether to issue a writ of Mandamus directing the State Level Committee to dispose of the petitioner's pending representation for a saw mill license.
Whether coercive action should be stayed against the petitioner until the representation is decided.
Rajesh Kumar
State of Bihar through the Principal Secretary, Environment and Forest Department
Principal Chief Conservator of Forest-cum- Chairman of State Level Committee for Wood-based Industries
Licensing Officer-cum- Divisional Forest Officer, Gaya Forest Division
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
