Patna High Court
Kameshwar Sharma @ Kamlesh SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the writ petition, noting the parties’ settlement and directing that the licensing authority act in accordance with the agreed family arrangement.
Summary
The petitioner, Kameshwar Sharma, sought a transfer of Forest License No. 96 of 1993, originally issued to his father and later renewed in his mother’s name, which had been suspended after his mother’s death. He claimed the suspension was arbitrary and that he was ready to assume liability for the Bishwakarma Saw Mill, the sole source of his family’s income. A dispute arose with his younger brother, Awadhesh Sharma (intervenor), over who should hold the license, leading to a memo favoring the brother. The parties attempted mediation, which failed, and subsequently agreed that the saw‑mill would be run jointly by the brothers and three sisters, with the license to be placed in Awadhesh’s name, supported by a family agreement and affidavits. The Court, noting this settlement, ordered the writ petition to be disposed of, directing the licensing authority to pass an appropriate order in line with the agreement and to merge the earlier memo with the fresh order. No substantive direction on the merits of the license transfer was issued beyond the disposal of the petition.
Issues considered
- Whether the licensing authority can lawfully transfer Forest License No. 96 of 1993 to the petitioner under Section 7 of the Bihar Forest Act after the death of prior license holders.
- Whether the suspension of the license without stated reasons violates the petitioner’s rights.
- Whether the Court can direct the licensing authority to issue an order based on a private family settlement agreement.
Subjects
- Forest license
- Bihar Forest Act
- Section 7
- Succession of license
- Family dispute
- Saw mill
- Licensing authority
- Writ petition
- Civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3558 of 2025
======================================================
Kameshwar Sharma @ Kamlesh Sharma Son of Late Dharmnath Sharma
Resident of Village- Sajjanpur, P.S.- Dariyapur, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Forest Department, Government of Bihar, Patna.
3. The Regional Chief Forest Conservator, Muzaffarpur.
4. The Licensing Authority cum Forest Divisional Officer, Saran Division,
Saran at Chapra.
5. The District Collector, Saran at Chapra.
6. Avadhesh Sharma S/o Late Dharmnath Sharma Resident of Vill - Sajjanpur,
Matihan, Dighwara, P.O. - Dighwara, P.S. - Dighwara, District- Saran
(Bihar) PIN - 841207.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arghesh Kumar, Advocate
For the Respondent/s : Mr.Government Pleader (24)
For the Intervenor : Mr. Ashutosh Nath, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 30-04-2026 Heard Mr.Arghesh Kumar, learned counsel for the
petitioner, Mr. Ashutosh Nath, learned counsel for the
Intervenor/respondent as also the State.
2. The present petition has been preferred for the
following relief/s:
(i) a direction may be given to the
respondent no.4 Le. the Licensing authority
cum the Forest Divisional Officer, Saran
Division, Saran at Chapra for transfer of the
License No. 96 of 1993 Saran Division in the
Patna High Court CWJC No.3558 of 2025(6) dt.30-04-2026
2/5
name of petitioner it was Issued in the name
of father of petitioner by the said authority
under Section 7 of Bihar Forest Act dated
21.07.1994 after verification. After death of
father of petitioner the said license was
renewed in the name of petitioner mother,
namely Phool Kumari Devi and petitioner
was appointed as Administrator of the said
Bishwakarma Saw Mill, Villager Sajjanpur,
P.S. Dariyapur, District Saran at Chapra;
(ii) after death of the mother of petitioner the
said license was suspended by the authority
though the petitioner was applied for
transfer of the said license in his name after
death of his mother in the 2007 and since
then the said license in kept In abeyance by
the authority without any rhyme and reason
though petitioner is ready to take the
liability. The said saw mill is the only
resource of his income to live on with whole
family;
(iii) any other relief reliefs may be given to
Patna High Court CWJC No.3558 of 2025(6) dt.30-04-2026
3/5
the petitioner as per the law of the land.
3. The petitioner’s family was running a saw mill in
the name of Bishwakarma Saw Mill having license no. 96 of
1993 and was continuing from time to time in the name of father
of the petitioner as also the respondents-intervenor namely
Dharam Nath Sharma.
4. The license holder died on 02.02.2002 whereafter,
the petitioner applied for renewal of license in the name of the
mother, Phul Kumari which was allowed. She also died on
23.11.2012. Thereafter, a fight broke out between the brothers.
While the petitioner staked his claim being the elder in the
family, the intervenor/respondent, the younger brother also
wanted the license. It ultimately, went in favour of the
intervenor/respondent vide memo no. 1735 dated 15.09.2023.
5. Aggrieved, the present petition by the petitioner,
the elder brother.
6. Earlier, the coordinate bench sent the matter to the
Mediation Centre on 03.11.2025 but as per the report dated
03.02.2026, it failed.
7. Today during the argument, the petitioner and the
intervenor/respondent on instruction from the two brothers
finally decided to resolve the issue in the following manner:
Patna High Court CWJC No.3558 of 2025(6) dt.30-04-2026
4/5
(i) Kameshwar Sharma (petitioner);
Awadhesh Sharma (intervention-
respondent) and the three sisters
namely Lalita Devi, Sushila Devi and
Taramuni Devi shall be running saw
mill, namely Bishwakarma Saw Mill
jointly by chipping in money and
sharing the benefits @ 20% each;
(ii) the license shall be continued in the
name of Awadhesh Sharma;
(iii) an agreement shall be signed
between all the family members as
recorded above which shall be
presented before the concerned
authority;
(iv) once such agreement supported by
five affidavits of the two brothers and
three sisters are presented before the
licensing authority cum Divisional
Forest Officer, Forest Division, Saran
at Chapra, he/she shall be passing an
appropriate order in accordance with
Patna High Court CWJC No.3558 of 2025(6) dt.30-04-2026
5/5
law;
(v) the memo no. 86 dated 17.01.2025
issued by the same authority shall
merge with the fresh order passed by
the licensing authority.
8. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…