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Patna High Court

Naushad AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the licensing authority and the State Level Committee must decide the transfer application within the statutory 30‑ and 60‑day periods and directed them to do so within the next sixty days.

Summary

Naushad Alam applied for a writ directing the Divisional Forest Officer‑cum‑Licensing Authority and the State Level Committee to approve the transfer of Saw Mill License No. 430 of 1999, previously held by M/s Bismillah Saw Mill, to him under the Bihar Wood Based Industries (Establishment and Regulations) Rules, 2025. The petitioner had submitted the required Form‑D, the sale agreement and the transfer fee, and had appeared before the licensing authority on 23 December 2025, but received no further communication. The respondents argued that the matter would be dealt with in accordance with law. The court examined the 04‑Oct‑2025 notification, which mandates that the licensing officer must forward the application with a recommendation within 30 days and the State Level Committee must decide within 60 days, providing a hearing if refusing. Finding that the statutory time‑limits had been ignored and the petitioner’s right to a hearing was jeopardised, the court ordered the licensing authority and the State Level Committee to conclude the transfer within the next sixty days. The writ petition was disposed with this direction.

Issues considered

  • Whether the licensing authority and State Level Committee are obligated to decide the transfer of a saw‑mill license within the time‑frames prescribed under the Bihar Wood Based Industries Rules, 2025.
  • Whether the petitioner is entitled to a writ directing the transfer of the license in his favour.
  • Whether the failure to act within the prescribed period violates the principles of natural justice.

Subjects

  • license transfer
  • saw mill
  • wood based industry
  • environmental law
  • forest department
  • procedural delay
  • natural justice
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1631 of 2026
                 ======================================================
                 Naushad Alam Son of Mokhtar Ahmad, Resident of Village Hiramani,
                 Mathiya Birat, P.S Chhauradano, District- East Champaran.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department
                 Environment, Forest and Climate Change, Government of Bihar, Patna.
           2.    The Principal Secretary, Department Environment, Forest and Climate
                 Change, Government of Bihar, Patna.
           3.    The State Level Committee, through its Chairman, The Principal Chief
                 Conservator of Forest (HoFF), Aranya Bhawan, Airport Road, Patna.
           4.    The Divisional Forest Officer-cum-Licensing Authority, Motihari Forest
                 Division, Motihari, District East Champaran.
           5.     The Range Officer of Forest, Raxaul Range, District East Champaran.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Alok Kumar Agrawal, Adv.
                 For the Respondent/s   :        Mr. Kinkar Kumar, SC-9
                                                 Ms. Sushmita Sharma, AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER
2   09-04-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                        (i) for issuance of a appropriate
                                            writ(s)/order(s)/direction(s) commanding the
                                            Respondent Divisional Forest Officer Cum-
                                            Licensing     Authority,    Motihari      Forest
                                            Division to recommend for transfer of Saw
                                            Mill License by way of Sale in the name of
                                            the petitioner as the all requisite documents
                                            including the transfer fee etc have already
                                            been submitted by the petitioner as required
                                            under Rule 7(4) of Bihar Wood Based
Patna High Court CWJC No.1631 of 2026(2) dt.09-04-2026
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                                 Industries (Establishment and Regulations)
                                 Rules, 2025;
                                                  (ii) for further direction to the
                                 Respondent State Level Committee headed
                                 by the Chairman, the Principal Chief
                                 Conservator             of   Forest   (HoFF)    to
                                 recommend/direct the licensing Authority to
                                 transfer of Saw Mills License in the name of
                                 Petitioner as required under Rule 7(6) of the
                                 Bihar Wood Based Industries (Establishment
                                 and Regulations) Rules, 2025; and to pass
                                 such other order or orders as your Lordships
                                 may deem fit and proper in the facts and
                                 circumstances of the case.
                      3. One Jamila Khatoon, wife of Samsul Haque is a

          license holder of M/s Bismillah Saw Mill which as per the

          Annexure-1 has the validity period up to 31.12.2026. The

          petitioner wanted to enter into shoes of the said saw mill and

          accordingly, an agreement was signed for transfer of the said

          saw mill on 01.12.2025 (Annexure-14 to the petition).

                      4. Learned counsel for the petitioner submits that

          there is a notification no. 5368 dated 04.10.2025 issued by the

          Department of Environment, Forest and Climate Change, Bihar,

          Patna (henceforth for short, ‘the Department’) and paragraph 7

          deals with the transfer of license according to which in case of

          sale, for the transfer of license, Form-D has to be used and
Patna High Court CWJC No.1631 of 2026(2) dt.09-04-2026
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          enclosing the registered agreement. It has to be placed before

          the Licensing Authority who shall be forwarding the application

          with report/ recommendation whether it is to be permitted or not

          to the State Level Committee within 30 days.

                      5. The State Level Committee thereafter has to take a

          decision within a period of sixty days. The proviso further says

          that in case of refusal, an order has to be passed only after

          giving reasonable opportunity of being heard to the aggrieved

          person.

                      6. This Court would like to incorporate column 7 of

          the aforesaid notification dated 04.10.2025 which read as

          follows:

                                      7. Transfer of license: -
                                      (1) Transfer of license on sale/succession
                          etc. shall be done with the approval of State Level
                          Committee.
                                      (2) The application for transfer of
                          license in case of sale shall be submitted by the
                          transferee to the Licensing Officer in the Form D.
                          The application for transfer of license in case of
                          succession shall be submitted by the Successor in
                          the Form E. The application fee for the transfer of
                          the license for the wood-based industry shall be
                          rupees five thousand, rupees ten thousand, rupees
                          fifteen thousand for saw mill, veneer mill, plywood
                          industry/others respectively.
Patna High Court CWJC No.1631 of 2026(2) dt.09-04-2026
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                                      (3) In case of transfer by succession
                                      (a) Spouse will be the successor after
                          demise of the licensee as the case may.
                                      (b) In case, spouse of the licensee, as the
                          case may be, is not alive or refuses in writing to
                          inherit the license, then it shall be transfered to one
                          of the natural successors given in succession list,
                          issued by the competent authority, who shall be
                          chosen by consensus among the successors.
                                      (4) In case of sale, the sale deed/
                          registered agreement shall be enclosed.
                                      (5) On receipt of an application, the
                          Licensing Officer, after making such inquiry as he
                          may deem fit, shall forward the application, along
                          with      his     inquiry      report   and   clear-cut
                          recommendation whether the transfer of license
                          shall be permitted or not, to the State Level
                          Committee within 30 days.
                                      (6) State Level Committee shall, after
                          getting such inquiry done as it deems fit, dispose of
                          the application within 60 days of receipt of the
                          application.
                                      Provided that no order of refusing to
                          transfer the license shall be passed unless the
                          applicant has been given reasonable opportunity of
                          being heard.
                                      (7) Licensing Officer shall renew the
                          license in favour of transferee in Form-B.
                      7. The contention is that after the submission of the
Patna High Court CWJC No.1631 of 2026(2) dt.09-04-2026
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          document, the petitioner was asked to appear on 23.12.2025

          before the office of the Divisional Forest Officer-cum-Licensing

          Authority, Motihari and acknowledgment to this aspect as also

          there showing his presence (Annexure- P/16). However,

          thereafter, the petitioner has not heard anything from the

          respondents.

                      8. The State is represented and the stand is that the

          matter shall be taken to its logical conclusion in accordance with

          law at an earliest, if not disposed of.

                      9. This Court has taken note of the facts of the case,

          the submissions of the parties as also the notification dated

          04.10.2025. Column 7 of the notification dated 04.10.2025 deals

          with the transfer of license by way of either sale or succession.

          In case of succession, it has been recorded that the spouse will

          be successor after demise of the licensee as the case may be and

          in case, the spouse is not alive or refuses to inherit the license, it

          shall be transferred to one of the natural successor given in the

          succession list by the Competent Authority.

                      10. So far as the case of the petitioner relating to the

          sale is concerned, as recorded above:

                                      (i) it has to be submitted in Form-D
                          along with the agreement paper;
                                      (ii) the licensing authority officer shall
           Patna High Court CWJC No.1631 of 2026(2) dt.09-04-2026
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                                     hold enquiry and should make a recommendation
                                     to the State Level Committee within 30 days;
                                                 (iii) it has to be decided by the State
                                     Level Committee in next 60 days;
                                                 (iv) in case of refusal, reasonable
                                     opportunity has to be granted to the applicant.
                                 11. The last appearance of the petitioner was on

                     23.12.2025 whereafter he has not heard anything about it.

                                 12. It is high time that both the Licensing Authority

                     (respondent no. 4) as also the State Level Committee

                     (respondent no. 3) act in the matter and take the case of license

                     no. 430 of 1999 (Motihari) relating to M/s Bismillah Saw Mills

                     to its logical conclusion within next sixty days, if not disposed

                     of.

                                 13. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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