MUKESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing office order no.48 dtd. 27/7/2022, as contained in memo no.2095 dtd. 27/7/2022 (Annexure-4 to the writ petition) issued by the respondent no.4, whereby the petitioner's Licence no.01 of 2022 for running depot relating to stock and sale of timber (Bota and Chiran), bamboo and other wooden raw materials has been cancelled. Further prayer has been made for issuance of direction upon the respondent no.4 to provide an opportunity to the petitioner for shifting his depot relating to aforesaid wooden products beyond five kilometres from the nearest boundary of the notified forest area. The petitioner has also prayed for issuance of direction upon the respondent no.4 to grant fresh licence to him for the said purpose.

(2.) Mr. Ashwini Bhushan, learned A.C. to Sr. S.C.III, appearing on behalf of the respondents refers to a judgment of this Court rendered in the case of Ram Pukar Sharma Vs. State of Jharkhand and Ors.) and other analogous cases, reported in 2019(2) JLJR 496, and submits that the issue with respect to optimum distance of saw mills as five kilometres from the nearest boundary of the notified forest area has been put at rest. Since the petitioner's depot with respect to stock and sale of timber (Bota and Chiran), bamboo and other wooden raw materials is situated within five kilometres of the notified forest area, the impugned office order dtd. 27/7/2022 cancelling the petitioner's licence has rightly been passed.

(3.) On this, learned counsel for the petitioner refers to paragraph no.39 of the said judgment and submits that even after dismissal of the writ petitions, the petitioners of the said cases were given liberty to file respective applications before the concerned licensing authorities for consideration of their cases of renewal/grant of licenses after shifting their respective saw mills in terms with the decision of the Government of Jharkhand and the concerned authorities were directed to take appropriate decision within two months of filing of such applications.