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Patna High Court

M/s Kushwaha Saw Mill Gheghia-Mohania,versusThat State of Bihar through Mrs. Harjot Kaur Bamhrah, the Principal Secretary

Decided
Disposal
DISPOSED

Holding

The Court held that the order dated 19‑09‑2024 has been complied with, so no contempt proceedings are warranted.

Summary

M/s Kushwaha Saw Mill, represented by its proprietor Abhay Kumar Singh, filed a writ petition seeking the initiation of contempt proceedings against the Licensing Officer‑cum‑Divisional Forest Officer (opposite party No.3) for allegedly willfully disobeying the Court’s order dated 19‑09‑2024 in CWJC No. 18158 of 2023. The petition alleged that seized forest material had not been released as directed. The Licensing Officer filed a show‑cause response stating that the seized material had indeed been released. The Court examined the show‑cause submission and was satisfied that the earlier order had been complied with. Consequently, the Court held that there was no ground for contempt. The writ petition was therefore disposed of.

Issues considered

  • Whether the Licensing Officer‑cum‑Divisional Forest Officer willfully disobeyed the order dated 19‑09‑2024.
  • Whether contempt proceedings can be initiated against the Licensing Officer for alleged non‑compliance.
  • Whether the order dated 19‑09‑2024 has been complied with.

Subjects

  • contempt
  • writ petition
  • environmental law
  • forest department
  • order compliance
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2959 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.18158 of 2023
                 ======================================================
                 M/s Kushwaha Saw Mill Gheghia-Mohania, P.S.- Mohania, District- Kaimur,
                 a proprietorship Firm through its proprietor Abhay Kumar Singh, aged about
                 45 years- Male, Son of Sri Ram Singh, Resident of Village- Bustalwa, P.S-
                 Kathrain, District- Kaimur.

                                                                                ... ... Petitioner/s
                                               Versus
           1.    That State of Bihar through Mrs. Harjot Kaur Bamhrah, the Principal
                 Secretary Department of Environment, Forest and Climate Change,
                 Government of Bihar, Patna.
           2.    Sri P.K. Gupta, The Principal Chief Concervator of Forest, Department of
                 Environment, Forest and Climate Change, Government of Bihar, Patna.
           3.    Sri Chachal Prakashan, The Licensing Officer-cum-Divisional Forest
                 Officer, Kaimur Forest Division, Bhabhua.
           4.    Sri Mantu Kumar, The Forester (Vanpal), Mohania, P.S- Mohania, District-
                 Kaimur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Mistry, Advocate
                 For the State            :       Mr. Additional Advocate General 9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   18-03-2026                      Heard Mr. Vinay Mistry, learned counsel for the

                   petitioner and learned counsel representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for initiation of contempt proceeding

                                        against the opposite party no.3 for willful and

                                        deliberate disobedience shown in compliance of

                                        the order dated 19.09.2024 passed by the

                                        Hon’ble Court in CWJC No. 18158 of 2023.”
            Patna High Court MJC No.2959 of 2025(5) dt.18-03-2026
                                                        2/2




                                   3. A show cause has come on behalf of the opposite

                      party which shows that the seized material have been released.

                                   4. Accepting the said show cause and convinced that

                      the order stands complied, the writ petition is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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