Allahabad High Court
AZHAR KHANversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court ordered an inquiry into the origin of the transfer application and directed that the proceedings be dropped if the petitioner was not the applicant, thereby disposing of the petition.
Summary
Azhar Khan, the petitioner, holds a Wood-Based Industry Licence and sought a writ of certiorari to quash proceedings for the proposed transfer, change of name, and change of ownership of his licence, alleging that he never applied for such transfer. He submitted a letter dated 22 May 2026 to the Principal Chief Conservator of Forests stating he did not make the application. The State, represented by the Chief Standing Counsel, contended that the proceedings were initiated on an application dated 8 November 2025. The Court directed the respondent to investigate who actually made the application and, if it was not the petitioner, to drop the transfer proceedings. The Court ordered that the findings be communicated to the petitioner within four weeks and disposed of the writ petition.
Issues considered
- Whether the transfer, name change and ownership change proceedings for the petitioner’s licence are illegal, arbitrary, or beyond jurisdiction.
- Whether the petitioner’s claim of not having applied for the transfer warrants quashing of the proceedings.
Legislation cited
- Uttar Pradesh Sawmill Establishment and Regulation Rules, 1978 (as amended)
Subjects
- Wood-Based Industry Licence
- Transfer of licence
- Certiorari
- Administrative law
- Uttar Pradesh Sawmill Rules
- Jurisdiction
- Quashing of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30089 of 2026
Azhar Khan
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Imtyaz Ahmad, Kalp Dev Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Mr. Imtyaz Ahmad, learned advocate appears for petitioner. Prayer 'A' is
reproduced below.
"A. Issue a writ, order or direction in the nature of Certiorari quashing
the proceedings relating to the proposed transfer, change of name and
change of ownership of the petitioner's Wood-Based Industry Licence
bearing Intent No. 23025768/ GHAZIPUR/2025 and Licence No.
08/2025/GHAZIPUR, including the online Application No.
UPWBISAWGP492883, as being illegal, arbitrary, without jurisdiction
and contrary to the provisions of the Uttar Pradesh Sawmill
Establishment and Regulation Rules, 1978 (as amended)."
On query he submits, his client wrote letter dated 22nd May, 2026 to
respondent no. 2 (the Principal Chief Conservator of Forests) stating that he
had not applied for transfer of the licence. He seeks interference.
2. Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel appears
for State and submits, he has instruction from respondent no. 3 (the
Committee) that on petitioner's application dated 8th November, 2025 the
proceeding was initiated.
3. Respondent no. 2 is directed to inquire regarding applicant, at whose
instance, it is said, the transfer proceeding was initiated and is pending. In
event it is found petitioner was not the applicant, obviously the proceeding
needs to be dropped. Otherwise, said respondent will direct such action be
taken in accordance with law. For the purpose of compliance said respondent
may delegate. Petitioner will communicate certified copy of this order along
WRIC No. 30089 of 2026
2
with copy of his application dated 22nd May, 2026 to said respondent.
Decision/action taken be informed to petitioner within four weeks thereafter.
4. The writ petition is disposed of.
September 11, 2026
sailesh
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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