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Patna High Court

Shambhu Shankar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

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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