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Patna High Court

Uday KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to intervene in the cancellation but allowed the petitioner to continue his representation before the appellate authority and directed the respondents to dispose of it promptly.

Summary

The petitioner, Uday Kumar, challenged the cancellation of his wood‑based industry licence (No. 359 of 1995) by the Licensing Officer, who issued Memo No. 1563 on 22‑07‑2025 on the ground that the renewal was not submitted, without granting a hearing. The petition sought a writ to quash the cancellation, mandamus directing the officer to consider the renewal petition filed on 08‑01‑2026, and an order restraining interference with the operation of his saw‑mill. The petitioner informed the court that he had already filed a representation before the appellate authority and sought the court’s direction to allow that process to continue. The State counsel raised no objection. The court disposed of the writ petition, permitting the petitioner to pursue his representation before the appellate authority and directing the respondents to dispose of it at the earliest.

Issues considered

  • Whether the cancellation of the licence without a hearing violates the procedural requirements of the Bihar Wood Based Industries (Establishment and Regulation) Act, 2025.
  • Whether the court can issue a mandamus directing the Licensing Officer to process the renewal petition filed on 08‑01‑2026.
  • Whether the court can restrain the respondents from interfering with the operation of the petitioner’s saw‑mill.

Subjects

  • licence cancellation
  • wood based industries
  • mandamus
  • quashing order
  • procedural fairness
  • environmental law
  • forest department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3052 of 2026
                 ======================================================
                 Uday Kumar Son of Ganesh Prasad Sah, Resident of village- Dharampur,
                 P.S.- Minapur, District- Muzaffarpur- 843117.

                                                                        ... ... 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 Chairman, State Level Committee for Wood- Based Industries-cum-
                 Principal Chief Conservator of Forest, Department of Environment, Forest
                 and Climate Change, Government of Bihar, Patna.
           3.    The Licensing Officer-Cum-Divisional Forest Officer, Tirhut Forest
                 Division, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vinay Mistry, Advocate
                 For the Respondent/s   :      Mr. Additional Advocate General (3)
                 ======================================================
                 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 quashing of the Order bearing Memo No. 1563

                                  dated 22.07.2025 (Annexure-P-4) passed by the

                                  Licensing Officer-cum-Divisional Forest Officer,

                                  Tirhut Forest Division, Muzaffarpur whereby the

                                  License of the petitioner bearing License No. 359

                                  of 1995 has been cancelled simply on the ground
Patna High Court CWJC No.3052 of 2026(2) dt.30-04-2026
                                            2/3




                          that the renewal of license was not submitted as the

                          aforesaid order has been passed without hearing to

                          the petitioner under the provisions of Bihar Wood

                          Based Industries (Establishment and Regulation)

                          Act, 2025.

                                      ii) For issuance of a writ in the nature of

                          Mandamus directing the Respondent No. 3-

                          Licensing Officer-cum-Divisional Forest Officer,

                          Tirhut Forest Division, Muzaffarpur to dispose of

                          the petition dated 08.01.2026 (Annexure-P-6) filed

                          by the petitioner for recall of the order bearing

                          Memo No. 1563 dated 22.07.2025 and further to

                          renew the license bearing License No. 359 of 1995

                          on the basis of deposit of entire renewal fee in the

                          prescribed format for the year 2000-2026 dated

                          08.01.2026 in view of the decision of SCL dated

                          14.01.2025 (Annexure-P-3) in the facts and

                          circumstances of this case.

                                      iii). For issuance of writ in the nature of

                          mandamus directing the respondents not to

                          interfere with the operation of saw mill in the facts

                          and circumstances of this case.”
          Patna High Court CWJC No.3052 of 2026(2) dt.30-04-2026
                                                      3/3




                                3. After some arguments, learned counsel for the

                    petitioner submits that he has already preferred a representation

                    before the appellate authority which may be directed to be taken

                    to its logical conclusion.

                                4. Learned State counsel has no objection to it.

                                5. In that background, the writ petition stands

                    disposed of allowing the petitioner to pursue his representation

                    and the respondents are directed to dispose it of at an earliest.



                                                  (Rajiv Roy, J)
Adnan/-

U


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