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Patna High Court

Rajkishore ThakurversusThat State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to a direction compelling the State Level Committee to dispose of the pending representation at the earliest.

Summary

Petitioner Rajkishore Thakur filed a writ petition seeking mandamus against the State Level Committee for Wood-Based Industries, Bihar, to dispose of his representation dated 5 February 2026 requesting transfer of License No. 51 of 1994 on the basis of sale, and also to compel the Licensing Officer to accept the renewal application and refrain from interfering with his saw‑mill operations. The State counsel raised no objection to the limited relief sought. The High Court held that the petitioner is entitled to a direction for the Committee to dispose of the pending representation and ordered the respondents to do so at the earliest. Consequently, the petition was disposed, allowing the petitioner to pursue his representation.

Issues considered

  • Whether a writ of mandamus can be issued directing the State Level Committee for Wood-Based Industries, Bihar, to dispose of a pending representation concerning transfer of a wood‑based industry license.
  • Whether the Licensing Officer can be compelled by mandamus to accept and renew the said license.

Subjects

  • writ petition
  • mandamus
  • license transfer
  • renewal of license
  • wood-based industries
  • forest department
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2868 of 2026
                 ======================================================
                 Rajkishore Thakur son of Nathuni Thakur, Resident of Village-Lakhnauri,
                 P.O.-Mohabbatpur, P.S.-Dewaria, District- Muzaffarpur (Bihar).

                                                                     ... ... Petitioner/s
                                                Versus
           1.    That 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, Tirhut Forest
                 Division, Muzaffarpur.
           4.    Sukhiya Devi @ Surati Devi, wife of Late Nathuni Thakur, Resident of
                 Village-Lakhnauri, P.O.-Mohabbatpur, P.S.-Dewaria, District- Muzaffarpur
                 (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vinay Mistry, Advocate
                 For the Respondent/s   :      Mr. Government Advocate (02)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-04-2026                 Heard Mr. Vinay Mistry, learned counsel for the

                   petitioner and the State.

                               2. The present petition 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     05.02.2026     (Annexure-P-5)     requesting

                                  therein to grant approval to the Licensing Officer-
Patna High Court CWJC No.2868 of 2026(2) dt.30-04-2026
                                            2/3




                          Cum-Divisional Forest Officer, Tirhut Forest

                          Division, Muzaffarpur to transfer of License No. 51

                          of 1994 on the basis of "Sale" in terms of the Bihar

                          Wood-Based Industries (Establishment Regulation)

                          Act, 2025 and 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 application and to duly renew

                          the License No. 51 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 before this Court wanting
          Patna High Court CWJC No.2868 of 2026(2) dt.30-04-2026
                                                      3/3




                    limited relief: for a direction upon respondent no. 2, The State

                    Level Committee for Wood-Based Industries, Bihar-Cum-

                    Principal Chief Conservator of Forest, Bihar, Patna to dispose of

                    the representation dated 05.02.2026 preferred before it.

                                4. Learned State counsel has no objection to it.

                                5. In that background, the writ petition stands

                    disposed of allowing the petitioner to pursue the aforesaid

                    representation dated 05.02.2026 and the respondents are

                    directed to dispose it of at an earliest.



                                                  (Rajiv Roy, J)
Adnan/-

U


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