LAWS(PAT)-2016-4-83

KAMRAN RAHMANI Vs. THE STATE OF BIHAR

Decided On April 13, 2016
Kamran Rahmani Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.C. to Govt. Pleader-25.

(2.) The petitioner has invoked the writ jurisdiction under Art. 226 of the Constitution of the India, with a prayer to quash an order dated 08-04-2013 passed in Appeal No. 54 of 2002 by respondent No. 3/Conservator of Forest, Muzaffarpur Circle, Muzaffarpur (hereinafter referred to as the 'Conservator of Forest') whereby he has confirmed the order of the Licensing Authority i.e. Divisional Forest Officer-cum-Authorised Officer, Tirhut Forest Division, Muzaffarpur/respondent No. 4 dated 06-12-2001.

(3.) It has been pleaded that father of the petitioner had established a saw mill some time in the year 1963 and since then, he was continuing with the saw mill. However, in the meanwhile, in the year 1990, the Government of Bihar came out with an Act i.e. Bihar Saw Mills (Regulation) Act, 1990 and thereafter, Rule was also framed, vide Bihar Saw Mills Rules, 1993. It has been claimed that after the enactment of aforesaid Act, the father of the petitioner applied for licence, which was granted.