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Patna High Court

M/s Durga Saw MillversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was dismissed and the application was disposed of without granting the writs.

Summary

The petitioner, a saw‑mill proprietor, filed a writ petition seeking a mandamus directing the Licensing Officer to renew its 1986 saw‑mill licence based on an application filed on 25‑Nov‑2021, and also to restrain the authorities from interfering with its operations pending renewal. The petitioner relied on a favourable decision of the State Level Committee for Wood Based Industries dated 14‑Jan‑2025, contending that the earlier cancellation should not bar fresh consideration. The State argued that the licence renewal process must follow statutory procedures. The Court examined whether the petitioner was entitled to a writ directing renewal and to a stay of interference, noting that the renewal application remained pending before the Licensing Officer. Finding no merit to compel the officer to act and no basis to restrain the authorities, the Court disposed of the petition.

Issues considered

  • Whether a writ of mandamus can be issued directing the Licensing Officer to renew the saw‑mill licence pending renewal application.
  • Whether the authorities can be restrained from interfering with the saw‑mill’s operation pending licence renewal.

Subjects

  • License renewal
  • Mandamus
  • Administrative law
  • Wood based industries
  • Saw mill
  • Environmental regulation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.11318 of 2025
                 ======================================================
                 M/s Durga Saw Mill Arya Tola, Sabour Road, Hawai Adda, Bhagalpur, P.S.-
                 Bhagalpur, District-Bhagalpur a proprietorship firm through its Proprietor
                 Arjun Sharma, aged about 68 years, Male, son of Late Sheo Charan Sharma,
                 Resident of Mohalla-Rani Talab Sabour, P.S.-Bhagalpur, District-Bhagalpur
                 (Bihar).

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Environment, Forest and Climate Change, Government of Bihar, Patna.
           2.    The Chairman, State Level Committee for Wood Based Industries, Bihar-
                 cum-Principal Chief Conservator of Forest, Bihar, Patna.
           3.    The Licensing Officer cum Divisional Forest Officer, Bhagalpur Forest
                 Division, Bhagalpur.
           4.    Binod Sharma Son of Late Sudin Sharma, Resident of Village - Rani Talab,
                 Fatehpur, P.O. - Fatehpur, P.S. and Distt. - Bhagalpur - 813210.
           5.    Pramod Shama Son of Late Sudin Sharma, Resident of Village - Rani Talab,
                 Fatehpur, P.O. - Fatehpur, P.S. and Distt. - Bhagalpur - 813210.
           6.    Shekhar Sharma Son of Late Sudin Sharma, Resident of Village - Rani
                 Talab, Fatehpur, P.O. - Fatehpur, P.S. and Distt. - Bhagalpur - 813210.
           7.    Ashok Sharma Son of late Sudin Sharma, Resident of Village - Rani Talab,
                 Fatehpur, P.O. - Fatehpur, P.S. and Distt. - Bhagalpur - 813210.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Vinay Mistry, Advocate
                 For the Respondent/s   :     Mr.Addl. Advocate General (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   12-01-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The petitioner has moved the Court for the

                   following reliefs:

                                           “1) For issuance of a writ in the nature of
                                mandamus directing the Respondent No.3 to renew
                                the license bearing License No. 11 of 1986 on the
                                basis of renewal application dated 25.11.2021
                                (Annexure-P-4) for the period 2022-26 in terms of
              Patna High Court CWJC No.11318 of 2025(6) dt.12-01-2026
                                                          2/2




                                      decision of the State Level Committee of Wood Based
                                      Industries, Bihar dated 14.01.2025 as the aforesaid
                                      renewal application is pending for consideration
                                      before the Licensing Officer- Respondent No.3.
                                                  ii) For issuance of a writ in the nature of
                                      mandamus directing the respondents authorities not
                                      to interfere with the operation of saw mill till such
                                      time the renewal application dated 25.11.2021 is
                                      decided by the Licensing Officer in circumstances of
                                      this case.”

                                      3. Learned counsel for the petitioner submits that he

                        shall be satisfied if a fresh consideration of the petitioner’s case

                        is done in view of the decision of the State Level Committee for

                        Wood Based Industries, Bihar dated 14.01.2025 (Annexure-P-

                        5).

                                      4. If the petitioner approaches the authorities as per

                        the guidelines, the authorities will consider the case of the

                        petitioner in accordance with law and pass appropriate orders

                        thereafter.

                                      5. The earlier cancellation of the license will not come

                        in the way of fresh consideration of the case of the petitioner by

                        the State Level Committee.

                                      6. In view of the above, this application stands

                        disposed of.



                                                  (Sandeep Kumar, J)
tusharika/-

U


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