RAM SEWAK SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Vide order dated 25.9.2004 contained in Annexure-1 the Divisional Forest Officer-cum-Licensing Officer issued a direction upon the petitioner to stop all operation of the saw mill which he was running. The reasons have been indicated therein but then they may not be good or valid enough to compel the petitioner to shut down in view of the fact that an order in his favour dated 26.7.2004/5.8.2004 came to be passed by the appellate authority in his Appeal No. 4K/P of 2003, the order in question is annexed as Annexure-10 to the writ application. The appellate authority categorically recorded that in so far as License No. 13/94 of the petitioner is concerned the same shall be considered to be valid from 31.3.1998 and in matter of granting seniority the petitioner would be entitled to claim seniority from the same date. This is an adjudication in a quasi judicial manner based on a right of appeal granted to the petitioner. The relief granted to the petitioner by such authority cannot be allowed to be ignored or brushed aside because any. adjudication made by the proper forum has to be honoured by any authority who is affected by the same. There is no denial by State Counsel that the order has gained finality for the reason that the State never questioned its authenticity or validity.

(3.) In view of the same the order dated 25.9.2004 contained in Annexure-4 is quashed and the order refusing renewal of license contained in Annexure-12 to that extent become ineffectual till a decision is taken. Respondent no. 4 is hereby directed to pass a fresh order keeping in mind the appellate order which has been passed in favour of the petitioner as contained in Annexure-10. It will be open to the petitioner to bring to the notice of the licensing authority the communication dated 8.6.2006 issued by the Chief Conservator of Forest, Government of Bihar, which is contained in Annexure-14 which gives out the list of sanctioned saw mills alongwith name of the saw mills according to the seniority and date of license. Let a decision as directed above be. taken by the licensing authority within a period of three months from the date of communication/production of a copy of this order.