ANNAPURNA SAW MILL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition was referred to the Division Bench by the learned Single Judge by order dated 30th June, 2004, having regard to the issues involved.

(2.) THE writ petitioner is a partnership firm which was engaged in the business of operating a saw mill, established in the year, 1972, situated in Ward No. VI, Holding No. 26/A. Old Hazaribag Road, which conies under the Ranchi Municipal Corporation.

(3.) IN keeping with the provisions of the aforesaid Regulation and the Rules, the petitioner applied for and was granted a licence under the aforesaid Act for the calendar year, 1995 and the same was renewed each year upto the year, 2002. In compliance with the provisions of the aforesaid Act and, in particular, Rule 6 of the Bihar Saw Mills (Regulation) Rules, 1993, the petitioner applied to the Licensing Officer for renewal of its licence for the year, 2003 by its application dated 25th November, 2002. In response to its said application, the petitioner was served with a notice to show -cause dated 11th March, 2003 issued by the Licensing Authority -cum -Divisional Forest Officer, Ranchi East Forest Division, Ranchi, respondent No. 5 herein, informing the petitioner that the petitioner's saw mill had not been functioning as per the required monthly capacity and that the petitioner's saw mill was found closed during the inspection visit by respondent No. 5. The petitioner duly filed its reply to the show -cause notice denying the charges contained in the said notice and stating that the saw mill had not ceased to operate and may have been closed on a particular date for some reason or other which could not be the basis for an assumption that the saw mill had been permanently closed down. However, on 22nd December, 2003, the respondent No. 5 passed an order cancelling the licence of the petitioner's saw mill and refusing to renew the same for the calendar year, 2003. Aggrieved by the said refusal order of the concerned authority in renewing its licence to run the saw mill and/or revoking the same, the writ petitioner has moved the instant writ petition.