Patna High Court
Surendra ThakurversusThat State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the State Level Committee for Wood-Based Industries, Bihar, to dispose of the petitioner’s pending representation at the earliest, thereby allowing the petition to proceed.
Summary
Surendra Thakur filed a writ petition seeking mandamus directing the State Level Committee for Wood-Based Industries, Bihar, to dispose of his representation dated 27 January 2026 requesting approval for the transfer of License No. 65 of 1994 on the basis of sale under the Bihar Wood-Based Industries (Establishment & Regulation) Act, 2025, and also seeking orders to renew the licence and prevent interference with his saw‑mill operations. The State counsel raised no objection to the limited relief sought. The Patna High Court, after hearing counsel, ordered that the petitioner be allowed to pursue his representation and directed the Committee to dispose of it at the earliest. No further relief was granted.
Issues considered
- What is the appropriate judicial remedy when an administrative body has not disposed of a pending representation seeking approval for a licence transfer under the Bihar Wood-Based Industries (Establishment & Regulation) Act, 2025?
Subjects
- mandamus
- licence transfer
- wood-based industries
- Bihar
- environmental law
- administrative law
- saw mill
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3017 of 2026
======================================================
Surendra Thakur Son of Baiju Thakur, Resident of Village- Paharpur-Maraul,
Ward No. 04, P.S- Bajpatti, District- Sitamarhi (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, Sitamarhi Forest
Division, Sitamarhi.
4. Maheshwar Sah, Son of Late Mahanth Sah, Resident of Village- Sursand,
P.O- Sursand, District- Sitamarhi (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Advocate
For the Respondent/s : Mr. Government Advocate (5)
======================================================
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 27.01.2026 (Annexure-P-4) requesting
therein to grant approval to the Licensing Officer-
Cum-Divisional Forest Officer, Sitamarhi Forest
Patna High Court CWJC No.3017 of 2026(2) dt.30-04-2026
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Division, Sitamarhi to transfer of License No. 65 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. 65 of 1994 in favour of the
petitioner on the basis of sale the facts and
circumstances of this case.
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.3017 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 27.01.2026 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 27.01.2026 and the respondents are
directed to dispose it of at an earliest.
(Rajiv Roy, J)
Adnan/-
U
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