LAWS(JHAR)-2005-3-73

KUMUD BARAN DUTTA Vs. STATE OF JHARKHAND

Decided On March 16, 2005
Kumud Baran Dutta Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD Mr. Ananda Sen, learned counsel appearing for the petitioner.

(2.) IN this writ petition, petitioner has prayed for quashing the order dated 24.12.1999 passed by Licensing Officer -cum - Divisional Forest Officer rejecting the licence of the petitioner under the provisions of Section 7(5) of the Bihar Saw Mills (Reg.) Act, 1990 and also the order dated 13.12.2003 passed by the Conservator of Forest, Hazaribagh Circle, Hazaribagh in appeal filed by the petitioner.

(3.) IN my view, therefore, revoking the licence of the petitioner by the impugned order after giving opportunity of hearing to the petitioner is perfectly legal and justified. It is well settled by judicial pronouncement of the Supreme Court and the High Courts that forest offence should be taken seriously particularly when there is illegal cut of forests and storage of the same by the saw mill owners without any authority of law. I am, therefore, of the view that merely because the offence is compoundable, the same cannot be taken lightly and the offenders should not be allowed to take a plea at this stage that the petitioner not being a habitual offender, the offence may be compounded.