ROHUL SAW MILLS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned S. C.9 representing the State.

(2.) This writ petition has been filed for quashing the letter memo no. 229 dated 19.3.2015 as contained in Annexure-10, issued under signature of the Divisional Forest Officer, Motihari, by which application of petitioner filed on 25.11.2014 for renewal of licence along with Bank Draft has been rejected.

(3.) The petitioner has challenged the order contained in Annexure-10, on the ground, that the same is non- speaking order. No any valid reason has been shown for not accepting the licence fee deposited by the petitioner for renewal of his licence for the year 2015. Learned counsel further submits that respondent -Principal Secretary, issued a circular bearing memo no. 2675 dated 30.8.2010 modifying the earlier circular no. 760 dated 13.11.2003 stating therein to include the name in the seniority list of all Saw Mills who have got the licence on or before 2002. If any, licence of the Saw Mills was cancelled or not renewed and they had not filed any appeal or, if any, filed and had got no benefit even then their name shall be included in the Saw Mills. Photo copy of the circulars dated 30.8.2010 is annexed as Annexure-3 to this application. It is also submitted that respondent- Principal Chief Conservator of Forest, Bihar, Patna issued a letter memo no. 2185 dated 9.9.2011 by which directed to all Conservators of Forest and all Divisional Forest Officers to renew conditional licence, who were not selected on the basis of the seniority list for licence, on the ground the finalization of the seniority list, the licence of Saw Mills shall not be closed. The photo copy of letter dated 9.9.2011 is annexed as Annexure-4 to this application. Learned counsel submits that petitioner submitted application before the respondent -Licensing authority and thereafter the respondentDivisional Forest Officer, Motihari, enquired into the matter from D.F.O., Muzaffarpur and after due verification a letter memo 2805 dated 28.11.2011 was issued by which the petitioner was issued licence no. 449 of 1999 and, thereafter, the same was renewed in the years 2011 and 2012, subject to result of the final outcome of the order of Hon ble Apex Court. The photo copy of letter dated 28.11.2011, licence dated 8.12.2011 and 25.1.2012 have been annexed as Annexure-5 series to this application. Learned counsel further points out that he has applied for renewal of his licence in the year 2015 but the same was rejected vide Annexure-10.