LAWS(PAT)-2019-5-47

MUBARAK HUSSAIN @ MD MUBARAK HUSSAIN, SON OF LATE REFAKAT HUSSAIN Vs. STATE OF BIHAR.THROUGH PRINCIPAL CHIEF CONSERVATOR.OF FORESTS

Decided On May 15, 2019
Mubarak Hussain @ Md Mubarak Hussain, Son Of Late Refakat Hussain Appellant
V/S
State Of Bihar.Through Principal Chief Conservator.Of Forests Respondents

JUDGEMENT

(1.) This writ application has been filed to quash the order dtd. 22/6/2015 bearing Office Order No.91 passed by Three Members Committee headed by the Principal Chief Conservator of Forests, Bihar, Patna, by which the authorities did not renew the license of the Petitioner.

(2.) It has been submitted on behalf of the Petitioner that he was granted license of Saw Mill bearing License No.18 dtd. 11/12/1995 by the Respondent and was running his business and paying necessary taxes for the same. He was doing business of furniture and furnished wooden items. The Petitioner filed application in the prescribed format before the concerned authority for renewal of his license, but no order was passed. The Petitioner filed CWJC No.2576 of 2009, which was disposed off on 26/2/2009 with observation that grievance with regard to renewal of the license of a Saw Mill can definitely be looked into in the first instance by the licensing authority, whereafter if the Petitioner is aggrieved he has to move the concerned District Judge.

(3.) In compliance of the order dtd. 26/2/2009 passed by this Court, the Petitioner filed representation on 4/7/2009/ 20/9/2009 before the Divisional Forest Officer, Motihari DistrictEast Champaran, annexing copy of the order passed by the Hon'ble Court as well as copy of the writ application of CWJC No.2576 of 2009. The District Forest Officer, Motihari, sent a letter to Van Sangrachak Department, Siwan, on 14/10/2009 bearing letter No.1045 to furnish the documents for taking final decision about license because license was issued by the Bettiah Office and records have not yet been transferred to Motihari as yet.