NIRMAL KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner is seeking direction upon the respondent no. 3, District Forest Officer, Forest Division, Dhanbad to grant permission to make necessary change in the partnership deed by incorporating a new partner namely Nityanand Giri in the Saw Mill running in the name and style of M/s Dhanbad Timber Works under Licence No. F/DH/14/2009, as the same is now a proprietorship firm of the petitioner only, which he intends to convert into partnership concerned.

(2.) The grievance of the petitioner is that the District Divisional Forest Officer, Dhanbad had earlier rejected his application by a cryptic order though there was a report contained in Annexure-4 dated 18.8.2009 in respect of the petitioner's Saw Mill itself that it is situated at 8 Kilometers far from prohibited forest area. In appeal preferred by the petitioner before the Appellate Authority-cum-Conservator of the Forest, Bokaro Circle, by order dated 27.7.2010, D.F.O.-Dhanbad was directed to pass a speaking order after hearing the parties as per Bihar Saw Mills (Regulation) Act, 1990 vide Annexure-6. However, vide order dated 26.8.2010, Annexure-7, the D.F.O., Dhanbad once again has rejected his application for transfer of the proprietorship business of the petitioner to a partnership firm acting upon the reports of the Assistant Conservator of Forest submitted in the month of December, 2008 itself.

(3.) It is the contention of the petitioner that the respondents themselves have renewed the license of the petitioner till December, 2008 but are not allowing the petitioner to convert his proprietorship business into a partnership firm for exigencies of his business operations as the petitioner himself is now old and not in a physical and financial position to run the Saw Mill alone.