Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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