M/s Jai Bajrang Saw Mill v. That State of Bihar

Patna HC2 Jul 2026CWJC/1810/2026

Case brief

AI extract

What is this about?

Saw mill licence cancellation Bihar; Licence No. 66 of 1996; Bihar Saw Mills (Regulation) Act, 1990 Section 7(5); opportunity of hearing / natural justice; Appeal Case No. 4 of 2024; Memo No. 979 dated 22.07.2025; Prescribed Officer-cum-Conservator of Forest, Wild Life Circle, Patna; Divisional Forest Officer, Kaimur Forest Division, Bhabhua; State Level Committee for Wood-Based Industries decision 14.01.2025 renewal fee; withdrawal of writ petition with liberty; new policy; Patna High Court CWJC 1810 of 2026; Rajiv Roy, J.; disposed without merits.

What did the court decide?

Permission to withdraw the petition with liberty to approach the appropriate respondent authorities in view of the new policy; no substantive relief granted and no observation on merits. ¶¶27

M/s Jai Bajrang Saw Mill Vs That State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the petition with liberty to approach the appropriate respondent authorities in view of the new policy; no substantive relief granted and no observation on merits.

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Issue for consideration

Whether a writ of certiorari should issue quashing the appellate order (Memo No. 979 dated 22.07.2025) dismissing Appeal Case No. 4 of 2024, which upheld the cancellation of Licence No. 66 of 1996 allegedly without an opportunity of hearing under Section 7(5) of the Bihar Saw Mills (Regulation) Act, 1990. +2 more

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Ratio / Principle

Liberty granted to the petitioner to withdraw the writ petition and approach the appropriate respondent authorities in view of the new policy that has come into picture.

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Key takeaways

The writ petition is disposed of on withdrawal, expressly without commenting on the merits of the case; no adjudication is made on the legality of the licence cancellation or the renewal claim.ratio¶¶27

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Civil Writ Jurisdiction Case No.1810 of 2026, decided 02-07-2026 (oral order): A proprietorship saw mill sought certiorari against the order bearing Memo No. 979 dated 22.07.2025 (Annexure-P-6) of the Prescribed Officer-cum-Conservator of Forest, Wild Life Circle, Patna dismissing Appeal Case No. 4 of 2024, which had challenged the order dated 29.04.2011 (Annexure-P-5) of the Licensing Officer-cum-Divisional Forest Officer, Kaimur Forest Division, Bhabhua cancelling Licence No. 66 of 1996 allegedly without an opportunity of hearing under Section 7(5) of the Bihar Saw Mills (Regulation) Act, 1990; mandamus was also sought for reconsideration of renewal in light of the State Level Committee for Wood-Based Industries decision dated 14.01.2025 permitting renewal on payment of the entire renewal fee despite cancellation, and restraint against interference with the mill's operation. After argument, counsel for the petitioner sought withdrawal with liberty to approach the authorities in view of the new policy. The Court granted the liberty and, without commenting on the merits, disposed of the writ petition. No precedent value on the validity of the cancellation or the SLC renewal policy.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1810 of 2026

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M/s Jai Bajrang Saw Mill Lalapur, P.S. Khudra, District Kaimur, a proprietorship Firm through its proprietor Lalan Sharma, aged about 54 years, Male, son of Late Kabilash Sharma, Resident of Village-Lalapur, P.S.-Kudra, District-Kaimur.

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... ... Petitioner/s

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Versus

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That State of Bihar through the Principal Secretary, Department of Environment, Forest and Climate Change, Government of Bihar, Patna.

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The Chairman, State Level Committee for Wood-Based Industries-cumPrincipal Chief Conservator of Forest, Department of Environment, Forest and Climate Change, Government of Bihar, Patna.

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The Prescribed Officer cum Conservator of Forest, Wild Life Circle, Patna.

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The Licensing Officer cum Divisional Forest Officer, Kaimur Forest Division, Bhabhua.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Vinay Mistry, Adv. For the Respondent/s : Mr. Prashant Pratap, Government Pleader (2) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 02-07-2026

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Heard Mr. Vinay Mistry, learned counsel for the

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petitioner and Mr. Prashant Pratap for the State.

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The present application has been preferred for the following relief(s):

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(i) for issuance of a writ in the nature of certiorari for quashing of the Order 979 bearing Memo No. 979 dated 22.07.2025 @ (Annexure-P-6) passed by the Prescribed Officer-cum- Conservator of Forest, Wild Life Circle, Patna in Appeal Case No. 4 of 2024 whereby the appeal has been dismissed which was filed against the

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Patna High Court CWJC No.1810 of 2026(3) dt.02-07-2026 2/3

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Order dated 29.04.2011 (Annexure-P-5) passed by the Licensing Officer-cumDivisional Forest Officer, Kaimur Forest Division, Bhabhua whereby the License No. 66 of 1996 of the petitioner was evicancelled without giving any opportunity of being heard to the petitioner under Section-7(5) of the Bihar Saw Mills (Regulation) Act, 1990.

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ii) For issuance of a writ in the nature of Mandamus directing the Respondent No. 4 to consider the case of the petitioner in view of the decision of State Level Committee For Wood-Based Industries, Bihar dated 14.01.2025 (Annexure-P-) as the SLC has taken decision that the license shall renewed after receipt of entire renewal fee even though the same was cancelled in any reasons in the facts and circumstances of this case.

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iii) For issuance of writ in the nature of mandamus directing the respondents not to interfere with the operation of saw mill in the facts and circumstances of this case

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After some argument, learned counsel for the

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petitioner prays for withdrawal of the petition with liberty to approach the appropriate respondent authorities in view of the new policy that has come into picture.

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Patna High Court CWJC No.1810 of 2026(3) dt.02-07-2026 3/3

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