Patna High Court
Bipin Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The statutory authorities are obligated to dispose of the pending representation and to accept the renewal of the license, and they must not interfere with the saw‑mill operation.
Summary
The petitioner, Bipin Kumar Sharma, filed a writ petition seeking mandamus directing the State Level Committee for Wood‑Based Industries, Bihar, to dispose of his representation dated 15‑Nov‑2025 for approval of the transfer of License No. 54 of 1994 under the Bihar Wood‑Based Industries (Establishment & Regulation) Act, 2025. He also sought orders compelling the Licensing Officer‑Cum‑Divisional Forest Officer to accept the renewal of the same license and to refrain from interfering with the operation of his saw‑mill. The respondents, including the State of Bihar and the licensing authority, raised no objection to the reliefs sought. The Court examined whether the statutory bodies were obligated to act on pending representations and to honor the renewal decision dated 14‑Jan‑2025. Holding that the statutory duty to consider representations could not be ignored, the Court disposed of the petition, directing the respondents to hear the parties, peruse the record and dispose of the pending matters at the earliest. The order effectively granted the petitioner’s prayer for mandamus and ordered the respondents to act accordingly.
Issues considered
- Whether the State Level Committee for Wood‑Based Industries, Bihar, is duty‑bound to dispose of the petitioner’s pending representation under the Bihar Wood‑Based Industries (Establishment & Regulation) Act, 2025.
- Whether the Licensing Officer‑Cum‑Divisional Forest Officer must accept and renew License No. 54 of 1994 as per the committee’s decision dated 14‑Jan‑2025.
- Whether the authorities may lawfully interfere with the operation of the petitioner’s saw‑mill pending the above matters.
Subjects
- mandamus
- licensing
- wood‑based industries
- environmental law
- forest law
- license transfer
- license renewal
- saw‑mill operation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1600 of 2026
======================================================
Bipin Kumar Sharma Son of Yogendra Thakur Resident of Village-
Bahadurpur, Ward No.- 27, P.S.- Samastipur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Environment and Forest, Government of Bihar, Patna.
2. The State Level Committee for Wood- Based Industries, Bihar-Cum-
Principal Chief Conservator of Forest, Bihar, Patna.
3. The Licensing Officer -Cum- Divisional Forest Officer, Samastipur Forest
Division, Samastipur.
4. Baijnath Sharma, Son of Late Anup Lal Sharma Resident of Village and
Post- Kewas Nizamat, P.S.- Samastipur, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Adv.
For the Respondent/s : Mr. K.K. Singh, AC to GP-22
======================================================
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
Respondent No.2-State Level Committee for
Wood-Based Industries, Bihar to dispose of
the representation of the petitioner dated
15.11.2025 (Annexure-P-4) requesting
therein to grant approval to the Licensing
Officer-Cum-Divisional Forest Officer,
Samastipur Forest Division, Samastipur to
Patna High Court CWJC No.1600 of 2026(2) dt.09-04-2026
2/3
transfer of License No. 54 of 1994 on the
basis of "Sale" in terms of the Bihar Wood-
Based Industries (Establishment &
Regulation) Act, 2025 as the aforesaid
representation is still pending for
consideration before the State Level
Committee for Wood-Based Industries, Bihar,
Patna.
ii) for issuance of a writ in the
nature of mandamus directing the
Respondent No.3 to accept the renewal
license and to duly renew the License No. 54
of 1994 in term of decision of SLC dated
14.01.2025.
(iii) for issuance of a writ in the
nature of mandamus directing the respondent
authorities not to interfere with the operation
of saw mill in the facts and circumstances of
the case.
iv) 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. The petitioner has come up with a simple prayer to
dispose of the representation dated 15.11.2025 which is pending
before the respondent no. 2, the Principal Chief Conservator of
Forest, Bihar, Patna.
4. The respondents have no objection to it.
Patna High Court CWJC No.1600 of 2026(2) dt.09-04-2026
3/3
5. In that background, the writ petition is disposed of
allowing the petitioner to submit the order passed by this Court
before the concerned respondent who shall be duty-bound to
hear the parties, peruse the record and dispose of the petition at
an earliest.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…