SINGH SAW MILL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this Writ Application the Petitioner has prayed for quashing of the order dated 12.7.2001 passed by the Divisional Forest Officer, Deoghar (Respondent No. 3) in Confiscation Case No, 27 of 2000 by which the application for grant of licence was refused and the Petitioner was. directed to displace his Saw Mill within fifteen days from the order and deposit those 21 logs (which had been confiscated during the year 1995) with the Range Officer of Forest, Deoghar soil Conservation Range at Kalyanpur Range Campus. By the same order the other 63 pieces of logs and 25 pieces of Sawn Timber were released with a direction upon the Petitioner to dispose off the same within fifteen days from the order.

(2.) THE Petitioner has also made a prayer for a direction upon the Respondents to grant him the necessary licence treating him to be licencee with effect from 1995 (from the date the Petitioner had deposited the requisite fee) and further, to renew the licence in terms of the Bihar Saw Mill Regulation Act, 1990.

(3.) THE Petitioner has further stated that the criminal case which was instituted against the Petitioner on the same allegations was tried and the Judicial Magistrate, 1st Class, by his Judgment dated 6.8.1997 held that the prosecution had miserably failed to prove the allegations and accordingly, he acquitted the accused for allegations leveled against under Section 33 of the Indian Forest Act and. Section 14 of Bihar Kashtha Chiran (Vinimiyan) Act, 1990 and the Petitioner was discharged from the liabilities of bail bonds. No appeal was filed by the Respondents against the Judgment dated 6.8.1997. A photocopy of the aforementioned Judgment dated 6.8.1997 is Annexure -1 to the Writ Petition.