BHAGWATI TIMBER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ applications have been heard together and are disposed off by this common judgment as question involved in both the applications is same and similar.

(2.) Petitioners have filed instant writ application for quashing the final seniority list of Veneer Mills established as on 30.10.2002 or prior thereto issued from the office of the Additional Principal Chief Conservator of Forest cum Chief Wildlife Preservation Officer, Bihar, Patna, vide Office Order No.32 dated 22.07.2013, whereby and whereunder final seniority list of Veneer Mills has been published without following the procedures, standards guidelines as laid down by the Apex Court as well as for issuance of writ of mandamus directing the respondents to include the names of the Petitioners Veneer Mills/ Plywood Industries and prepare a fresh seniority list of Veneer Mills after taking into account the standard guidelines set forth by the Central Empowered Committee/ Resolution of the State and also after adopting the fairness and transparency required in this regard.

(3.) The Petitioner of CWJC No.2862 of 2015 is Veneer Mill owned by sole proprietor, Sri Ramakant Sah, son of late Chandeshswar Sah, who is citizen of India. It has been submitted that Petitioner Veneer Mill is running since 10.08.1995. The sole proprietor, Ramakant Sah, entered into business of production of Veneer by establishing plant and machinery for its production in the year 1995 and got registration under Section 14 of the Bihar Finance Act as soon as his liability to pay tax under Section 3 started. The Circle-in-charge of Sitamarhi Commercial Taxes Circle, Bihar issued Registration No. ST 1295 (R) Zone IV which mentions the liability to pay taxes from the date of commercial production with effect from 10.08.1995. The certificate was issued to the proprietor both under the Bihar Finance Act as well as Certificate No. ST 1116 (C) under the Central Sales Tax Act on 29.10.1995. Thereafter, as and when required the certificate was renewed from time to time. Xerox copy of the Registration No. ST 1295(R) Zone under the Bihar Finance Act as well as Certificate No. ST 1116(C) under the Central Sales Tax Act is annexed as Annexure-1 to the writ application.