Writ petition challenging seizure of petitioners' band saw and trolley under the Bihar Saw Mills Regulation Act, 1990, seeking quashing of the seizure list and release of materials. The court found no ground for intervention, noting the petitioners admitted they held no licence under the Act, and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9977 of 2023
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh ( AAG 13 ) Mr. Abhinav Alok, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 29-04-2024 Heard Mr. Vinay Mistry, learned counsel for the
petitioners and Mr. Abhinav Alok, learned AC to AAG-13.
“i) For issuance of a writ in the nature of certiorari for quashing of the seizure list dated 24.05.2023 (Annexure-2 series) effected by the Forester, Singhwara, Darbhanga whereby the Band Saw & Trolley of the petitioners have been seized under Section 8
Patna High Court CWJC No.9977 of 2023(3) dt.29-04-2024 2/3
of the (Bihar Saw Mills Regulation) Act, 1990 as the Forester is not authorized to make inspection, search and seizure of saw mill under section-8 of the (Bihar Saw Mills Regulation) Act, 1990.
ii) For issuance of a writ in the nature of Mandamus directing the Respondents authorities to release the seized materials in favour of the petitioners SO that the petitioners could run the business for their livelihood in the facts and circumstances of the case.”
Section 8 of the Bihar Saw Mills (Regulation) Act, 1990 (for brevity ‘the Act, 1990) provides power of entry, inspection, search, seizures, etc. From perusal of the seizure list, it appears that nothing incriminating has been recovered from the premises of the petitioners which comes within the purview of the subject matter of ‘the Act, 1990. Learned counsel for the petitioners submits very fairly that petitioners are neither the licensee nor have they applied for the same and the authorities have no power under Section 16 of ‘the Act, 1990’ to inspect the premises of the petitioners.
Patna High Court CWJC No.9977 of 2023(3) dt.29-04-2024 3/3
mills and learned counsel for the petitioners admit that the petitioners are neither the licensee nor have they applied for the same.
(Rajesh Kumar Verma, J)
perwez
U
2 issues framed by the court
Was the Forester authorized to inspect, search and seize the petitioners' saw mill under Section 8 of the Bihar Saw Mills Regulation Act, 1990?
Should the seizure list dated 24.05.2023 be quashed and the seized Band Saw and Trolley released?
3 provisions across 1 enactments
Lalit Sharma
Dhanraj Mahto
Satish Sharma @ Satish Kumar Thakur
Nagendra Sharma @ Chulahi Thakur
The State of Bihar through the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna
The Principal Chief Conservator of Forest-cum-Chairman of State Level Committee for Wood-based Industries, Bihar, Patna
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
