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Patna High Court

Surendra ThakurversusThat State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                          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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