VISHWAKARMA FURNITURE WORKS Vs. STATE OF BIHAR THROUGH SECRETARY, ENVIRONMENT & FOREST DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. Vinay Mistry, learned counsel for the petitioner and Mer. Mithilesh Kumar Upadhyay, A.C. to G.P.10 for the State.

(2.) The writ petition was filed by the petitioner to question the advisory issued by the Secretary, Environment and Forest Department, Government of Bihar dated 22.10.2013 which inter alia directed the Divisional Forest Officers in the State to examine as to whether there is a change in ownership of a saw mill under a cover of Power of Attorney as according to the Secretary, such kind of transfer was in violation of Section 7(5) of the Bihar Saw Mills (Regulation) Act, 1990 and the rules framed thereunder. A copy of such advisory is impugned at Annexure-9. The petitioner has also questioned a show cause notice issued pursuant thereto under the signature of the Divisional Forest Officer-cum-Licensing Authority bearing letter No. 4412 dated 14.11.2013 whereby the attorney holder has been noticed as to why the licence be not cancelled since the conditions of attorney present in the Power of Attorney practically was in the nature of transfer of ownership. While the writ petition is pending that final orders have been passed by the Divisional Forest Officer, Gaya cumLicensing Authority on 15.01.2014 which has been placed on record vide Annexure-1 to I.A.No.1316 of 2014 and considering that it is consequential in nature that the prayer of the petitioner to question the same in the present proceeding is allowed and accordingly I.A.No.1316 of 2014 is allowed.

(3.) The facts are in a very narrow compass. The husband of the private respondent was the original licensee bearing License No. 51 of 1997 and on his death that the licence was transferred in the name of his widow, the private respondent herein. The licence has been renewed until 31.12.2013. Since the current licensee i.e the private respondent was not keeping good health to run the saw mill that she executed the power of attorney in the name of the Manager Kapildeo Singh for operating the saw mill and to do all lawful acts relatable thereto. A copy of the power of attorney is placed at Annexure-3 and is dated 15.02.2009. It is not in dispute that since after 2009, for a period of 4 years the licence has been renewed through the attorney holder that is Kapildeo Singh without any objection which is also confirmed from the last renewal granted on 06.02.2013. In fact the entry made against serial No.1 clearly mentions the private respondent as the licensee, who has applied for renewal through Kapildeo Singh. In other words, the respondents with open eyes have renewed the licence of the petitioner for all the years since 2009 until the last renewal on 06.02.2013 vide Annexure-1 through the attorney holder.