Patna High Court
Shiv Prasad SharmaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn because the petitioner had died.
Summary
Shiv Prasad Sharma filed a writ petition seeking a mandamus directing the Principal Chief Conservator of Forest (Development) to dispose of an objection dated 06.01.2026, which would allow his saw‑mill to be placed in the Final Seniority List for a license under the Bihar Saw Mills (Regulation) Act, 1990 and the Bihar Wood‑Based Industries (Establishment & Regulation) Act, 2025. During the hearing, counsel for the petitioner informed the court that the petitioner had died and requested that the petition be withdrawn. The court accepted the request and dismissed the petition as withdrawn, without addressing the merits of the mandamus claim. The dismissal effectively ends the proceedings.
Issues considered
- Whether a writ petition can be withdrawn on account of the death of the petitioner
- Whether the court should entertain a mandamus application for inclusion in the seniority list
Legislation cited
Subjects
- writ petition
- mandamus
- seniority list
- license
- death of petitioner
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1521 of 2026
======================================================
Shiv Prasad Sharma Son of Sri Bhola Mistri Resident of Village- Tehta, P.S.-
Tehta, District- Jehanabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Environment and Forest
Department, Government of Bihar, Patna.
2. The State Level Committee For Wood Based Industries, Bihar, Patna.
3. The Principal Chief Conservator of Forest (Development), Bihar.
4. The Licensing Officer- Cum- Divisional Forest Officer, Gaya Forest
Division, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Adv.
For the Respondent/s : Mr. Standing Counsel 10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr. Vinay Mistry, learned counsel for the
petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of a writ in the
nature of mandamus directing the Principal
Chief Conservator of Forest (Development)
Bihar (Respondent No. 3) to dispose of the
objection dated 06.01.2026 (Annexure-P-3)
filed by the petitioner to include his saw mill
in the Final Seniority List so that the
"Application of License dated 12.05.2000"
be considered for grant of license under the
Bihar Saw Mills (Regulation) Act, 1990 read
Patna High Court CWJC No.1521 of 2026(2) dt.09-04-2026
2/2
with Bihar Wood-Based Industries
(Establishment & Regulation) Act, 2025.
(ii) For issuance of other writ (s),
order(s), direction(s) as your Lordships may
deem fit and proper in the facts and
circumstances of the case.
3. Learned counsel, at the outset, submits that the sole
petitioner is no more and as such, he may be permitted to
withdraw the petition.
4. Accordingly, the same is dismissed as withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U
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