Patna High Court
Shambhu Shankar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court dismissed the petition without adjudicating the merits, granting the petitioner liberty to seek redress from the appropriate authority.
Summary
Shambhu Shankar Gupta, holder of License No. 41 of 2002 under Section‑8 of the Bihar Saw Mills Regulation Act, 1990, challenged the seizure of a 36‑inch saw mill and 11 pieces of Chah wood by a forest officer, seeking a writ of certiorari to quash the seizure list dated 11‑05‑2023 and a mandamus directing release of the seized items. The petitioner argued that the forester lacked authority to inspect, search, and seize under the said Act. The court, after hearing counsel, granted the petitioner liberty to approach the appropriate authority for redressal and, without addressing the merits, disposed of the writ petition. Consequently, no relief was granted and the petition was dismissed.
Issues considered
- Whether the seizure of the saw mill and wood by the forester was unlawful under the Bihar Saw Mills Regulation Act, 1990.
- Whether the forester had authority to conduct inspection, search, and seizure under Section‑8 of the Act.
- Whether the petitioner is entitled to a writ of certiorari and mandamus to quash the seizure and compel release of the seized property.
Legislation cited
Subjects
- seizure
- certiorari
- mandamus
- Bihar Saw Mills Regulation Act
- license
- forestry
- environment law
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2870 of 2026
======================================================
Shambhu Shankar Gupta son of Late Kapil Shankar Gupta, Resident of
village-Bharwara, P.S.-Singhwara, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Environment, Forest and Climate Change, Government of Bihar, Patna.
2. The Principal Chief Conservator of Forest, Bihar, Patna.
3. The Licensing Officer-cum-Divisional Forest Officer, Mithila Forest
Division, Darbhanga.
4. The Forester, Singhwara, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Advocate
For the Respondent/s : Mr. Government Advocate (07)
======================================================
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 certiorari for quashing of seizure list dated
11.05.2023 (Annexure-P-4) whereby the Forester,
Singhwara, Darbhanga has allegedly seized 36"
saw mill and 11 pieces Chah Wood as the
petitioner has been granted license bearing
License No. 41 of 2002 and the Forester is not
authorized to make inspection, search and seizure
Patna High Court CWJC No.2870 of 2026(2) dt.30-04-2026
2/2
under Section-8 of the Bihar Saw Mills Regulation
Act, 1990.
(ii) For issuance of a writ in the nature
of mandamus directing the Respondents to release
36" diameter saw mills along with wood so that the
petitioner could run the business for his livelihood
in the facts and circumstances of this case.
(iii) For issuance of other writ(s)
order(s) direction(s) as your Lordships may deem,
fit and proper in the facts and circumstances of this
case.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching appropriate
authority for the redressal of the grievance.
4. Granting said liberty and without commenting on
the merit of the case, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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