Patna High Court
Suresh SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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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