RAJENDRA TIMBER Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner is aggrieved by the communication dated 18.4.2008, as contained in Memo No. 742. of the Licensing Officer cum -Forest Range Officer, Patna, by which he has purported to suspend the saw mill licence granted to the petitioner under the provisions of the Bihar Saw Mills (Regulation) Act, 1990. The proceedings were initiated in the year 2006. In the show cause notice, it is stated that the petitioner had a licence for operating saw mill but, on inspection, it was found that he was storing wood at another place across the road, which was not licensed place of saw mill. The petitioner filed his reply clearly stating that he had a licence granted under the provisions of the Bihar Saw Mill (Regulation) Act, 1990 and the Rules framed thereunder Even, as per the inspection report, he has not changed the site of his 'saw mill". The only thing that had happened was that the landlord had required petitioner to surrender a part of his leased land to enable the landlord to make construction, thereon, in lieu, whereof, the petitioner was given land across the road for storage of wood. Undisputedly, no sawing activity either mechanically or manually was ever carried out on that plot or noticed on that plot. It was, thus, submitted that there is no change in the premises or precincts of the "licensed saw mill" and there is no violation of any Act or Rules framed, thereunder. Notwithstanding, the aforesaid, in terms of Section 7(5)(b), the Licensing Authority has suspended the licence of the petitioner, pending enquiry. While doing so, he has also noticed one fact that on telephonic information 3 -4 persons have informed his that he carries on his sawing business after Sun down. These informations he received on phone and was being enquired into. On behalf of the petitioner, it is submitted that action to suspend petitioner 'slicence, which is granted under the provisions of the Act and the Rules framed, thereunder, are wholly without jurisdiction. Even on reading the notice no contravention is established. State has filed, counter affidavit and sought to justify its actions.

(3.) AS the pleadings are completed, with consent of parties this writ petition is being disposed of at the stage of admission itself.