SAH SAW MILL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Alok Kumar Agrawal, learned counsel appearing for the petitioner and Mr. Niraj Kumar Sinha, learned Assisting Counsel to Principal Additional Advocate General No.2 for the State.

(2.) The petitioner is aggrieved by the order dated 6.7.2017 of the Conservator of Forest, Circle- Siwan passed in Appeal No.07 of 2014, whereby he while confirming the order bearing Memo No.307 dated 1.3.2014 of the Licensing Authority cum Divisional Forest Officer, Motihari, has dismissed the appeal. Copies of the orders passed by the Appellate Authority and the Licensing Authority are impugned at Annexures 1 and 1/A respectively to the writ petition.

(3.) The licence for the saw mill was held by the father of the petitioner late Ram Ayodhya Prasad under the provisions of the Saw Mills Regulation Act, 1990 (hereinafter referred to as 'the Act') and 'the Rules' framed thereunder bearing No.368 of 1999. As per the admission of the petitioner, since the father of the petitioner was not keeping well that he requested the Licensing Authority to include the name of his Manager, namely, Abdul Rahman Ansari as a party to the licence on 29.3.2004 and which prayer of the licence-holder was allowed vide order bearing Memo No.435 dated 29.3.2006 to include the name of Abdul Rahman Ansari. The father of the petitioner expired soon thereafter on 5.6.2006. The licence of the saw mill, however, was renewed until the year 2013 as manifest from Annexure-3 but thereafter the renewal has been rejected by the order impugned passed by the Licensing Authority cum Divisional Forest Officer, Motihari bearing Memo No.307 dated 1.3.2014, inter alia, on grounds that it amounted to transfer of licence which is not permissible under section 7(5)(a) of 'the Act' and since the said partner Abdul Rahman Ansari was not the original licensee nor his heir hence the licence was cancelled.