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Patna High Court

Suresh SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that it may direct the forest authority to dispose of the pending representation and pass a reasoned order, without deciding the merits of the licensing application.

Summary

The petitioner, Suresh Sharma, filed a writ petition seeking a mandamus directing the Principal Chief Conservator of Forest, Bihar, to dispose of his objection dated 10 March 2025 to include his saw‑mill in the Final Seniority List, which is required for a license under the Bihar Saw Mills (Regulation) Act, 1990 and the Bihar Wood‑Based Industries (Establishment & Regulation) Act, 2025. The petition alleged that the forest authorities had not acted on his representation. The High Court, after hearing counsel, issued an order directing the Principal Chief Conservator of Forest to dispose of the representation and pass a reasoned order in accordance with law, without adjudicating the merits of the underlying licensing dispute. The Court clarified that its direction was limited to ensuring the pending representation is dealt with, not to decide the substantive licensing issue. Consequently, the application was disposed with the specified direction.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the forest authority to dispose of a pending representation under the Bihar Saw Mills (Regulation) Act, 1990 and the Bihar Wood‑Based Industries (Establishment & Regulation) Act, 2025.

Subjects

  • mandamus
  • writ jurisdiction
  • seniority list
  • license
  • forest department
  • environmental law
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.20938 of 2025
                 ======================================================
                 Suresh Sharma Son of Rajeshwar Sharma Resident of Village- Dhawari, P.S.-
                 Sahar, District- Bhojpur.

                                                                     ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Environment and Forest, Government of Bihar, Patna.
           2.    The Chairman, State Level Committee for Wood- Based Industries, Bihar.
           3.    The Principal Chief Conservator of Forest, Bihar, Patna.
           4.    The Licensing Officer- Cum- Divisional Forest Officer, Bhojpur Forest
                 Division, Ara.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Vinay Mistry, Advocate
                 For the Respondent/s   :       Mr.Government Pleader (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present application has been filed seeking

                   following relief:-

                                            “(i) For issuance of a writ in the nature of
                               mandamus directing the Principal Chief Conservator of
                               Forest, Bihar (Respondent No.2) to dispose of the
                               objection dated 10.03.2025 (Annexure-P-3) filed by the
                               petitioner to include his saw mill in the Final Seniority
                               List so that the "Application of License dated 05.01.1998"
                               be considered for grant of license under the Bihar Saw
                               Mills (Regulation) Act, 1990 read with Bihar Wood-
                               Based Industries (Establishment & Regulation) Act,
                               2025.”
              Patna High Court CWJC No.20938 of 2025(2) dt.02-02-2026
                                                         2/2




                                    3. This application is disposed of with a direction to

                        the Principal Chief Conservator of Forest, Patna (Respondent

                        no. 3) to dispose of the representation/ objection            dated

                        10.03.2025 filed by the petitioner before him and pass a

                        reasoned order in accordance with law.

                                    4. It is clarified that this Court has not gone into the

                        merit of the case and is only directing for disposal of the

                        representation.



                                                  (Sandeep Kumar, J)
tusharika/-

U       T


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