Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Patna High Court - Orders

M/S Prakah Timber Stores vs The State Of Bihar on 29 August, 2022

Author: Rajan Gupta

Bench: Rajan Gupta, Anshuman

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9668 of 2022
                 ======================================================
                 M/S PRAKAH TIMBER STORES Pakri, Ram Nagar, P.S- Ram Nagar,
                 District- West Champaran a proprietorship firm through its Proprietor Balram
                 Mishra, Aged about 61 years (Male), Son of Ram Sakal Mishra, Resident of
                 Village- Sasamusa, P.S.- Sasamusa, District- Gopalganj.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Environment and Forest
                 Department,Government of Bihar, Patna.
           2.    The Principal Chief Conservator of Forest, Bihar.
           3.    The Licensing Officer-cum-Divisional Forest Officer, Gopalganj Forest
                 Division,Gopalganj.
           4.    The Licensing Officer-cum-Divisional Forest Officer, Bettiah Forest
                 Division, Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Vinay Mistry
                 For the Respondent/s    :     Mr. Sarvesh Kumar Singh ( AAG 13 )
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA
                         and
                         HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)

2   29-08-2022

Heard learned counsel for the petitioner and the State.

The petitioner has sought a writ in the nature of mandamus to direct the respondent no. 4-Licensing Officer- cum-Divisional Forest Officer, Bettiah Forest Division, Bettiah not to interfere the operation of saw mill of the petitioner on the newly place, appertaining to Khata No. 32, Khesra No. 179, Thana No. 398, measuring an area 28 decimals 0-3-0 situated at Mauza-Pakri (Ramnagar), P.S.-Ramnagar, District West Champaran in view of Memo No. 3777 dated 01.10.2008 issued Patna High Court CWJC No.9668 of 2022(2) dt.29-08-2022 2/2 by the Principal Chief Conservator of Forest, Bihar, Patna as on 20.06.2022 the respondent no. 4 and his subordinate Forest officials have asked to close down the saw mill failing which legal action shall be taken against the petitioner.

Learned counsel for the petitioner submits that his representation containing the aforesaid prayer is pending before the respondent no. 4.

We thus dispose of the writ petition with a direction that the representation, if any, pending before the said authority shall be disposed of within a period of three weeks from today.

Till then no coercive action shall be taken.

(Rajan Gupta, J) ( Dr. Anshuman, J) Anjani/-

U