Patna High Court
M/s Kushwaha Saw MillversusThat State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petition was disposed of without granting any of the reliefs sought.
Summary
M/s Kushwaha Saw Mill, represented by its proprietor Abhay Kumar Singh, filed a writ petition seeking (i) a certiorari to quash the order cancelling its forest licence, (ii) a mandamus directing the Conservator of Forest to pass a fresh order, and (iii) a mandamus restraining the forest officials from interfering with its saw‑mill operations. The petitioner relied on a decision of the State Level Committee for Wood Based Industries dated 14‑01‑2025, arguing that a fresh consideration would lead to a favorable outcome. The State of Bihar and the forest officials opposed the reliefs. The High Court, after hearing counsel, disposed of the application without granting any of the reliefs sought. Consequently, the earlier licence cancellation remains effective and no fresh order or injunction was issued.
Issues considered
- Whether the order cancelling the saw‑mill's forest licence can be quashed by a writ of certiorari.
- Whether the Conservator of Forest should be directed to pass a fresh order considering the State Level Committee's decision.
- Whether the forest officials should be restrained from interfering with the operation of the saw‑mill.
Subjects
- environmental law
- forest law
- licensing
- saw mill
- writ petition
- certiorari
- mandamus
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15149 of 2025
======================================================
M/s Kushwaha Saw Mill Gheghia-Mohania, P.S.- Mohania, District- Kaimur,
a proprietorship Firm through its proprietor Abhay Kumar Singh, aged about
46 years, Male, Son of Sri Ram Singh, Resident of Village- Bustalwa, P.S.-
Kathrain, District- Kaimur.
... ... Petitioner/s
Versus
1. That State of Bihar through the Principal Secretary, Department of
Environment, Forest and Climate Change, Government of Bihar, Patna.
2. The Principal Chief Conservator of Forest, Department of Environment,
Forest and Climate Change, Government of Bihar, Patna.
3. The Prescribed Officer-cum-Conservator of Forest, Wild Life Circle, Patna.
4. The Licensing Officer-cum-Divisional Forest Officer, Kaimar Forest
Division, Bhabhaua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. P. N. Shahi, Sr. Advocate
Mr.Vinay Mistry, Advocate
For the Respondent/s : Mr.Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 08-01-2026 Heard Mr. P. N. Shahi, learned Senior Counsel for the
petitioner and learned counsel for the State.
2. The petitioner has moved the Court for the
following reliefs:
“(i) For issuance of a writ in the
nature of certiorari for quashing of the order
bearing Memo No. 1084 dated 12.08.2025
(Annexure-P-6) passed by the The Prescribed
Patna High Court CWJC No.15149 of 2025(4) dt.08-01-2026
2/3
Officer-cum-Conservator of Forest, Wild Life
Circle, Patna in Appeal Case No. 03 of 2024
whereby the appeal has been dismissed which
was filed against the order bearing Memo No.
826 dated 08.06.2011 whereby the the Licensing
Officer-cum-Divisional Forest Officer, Kaimar
Forest Division, Bhabhaua cancelled the License
No. 21 of 1985 (21 of 1995) the appellate
authority has considered any grounds of the
appeal in as not the facts and circumstances of
this case.
(ii) For issuance of a writ in the nature
of mandamus directing the Respondent No.3 to
pass a fresh order keeping in view of the facts
and grounds taken in the Appeal Case No.3 of
2024 in the facts and circumstances of this case.
(iii) For issuance of writ in the nature
of mandamus directing the respondents not to
interfere with the operation of saw mill of the
Petitioner in the facts and circumstances of this
case.”
3. Learned Senior 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-7).
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 licence will not come
in the way of fresh consideration of the case of the petitioner by
Patna High Court CWJC No.15149 of 2025(4) dt.08-01-2026
3/3
the State Level Committee.
6. In view of the above, this application stands
disposed of.
(Sandeep Kumar, J)
P. Kumar
U
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