- (1.) THIS writ application is filed by the petitioner for a direction upon the respondent authority to grant licence in her favour on the basis of her application dated November 19, 1986 for running her Saw Mill under the name and style Ramkrishna Saw Mill - 1984.
(2.) HAVING heard the learned Counsel appearing for the respective parties as also considering the materials on record, I find no material in support of granting any licence to the petitioner for running her saw mill under reference. It further appears from the materials on record that search and seizure took place at the saw mill of the petitioner on July 2, 2011 and a Trolley Machine as also Khrish Logs were seized from the above saw mill by the respondent authority. Under the provisions of West Bengal Forest (Establishments and Regulations of Saw Mills and Other Wood Based Industries) Rules, 1982, none can run saw mill without obtaining a licence under the above rule. In this case, it appears that the logs were seized from the saw mill of the petitioner apart from a trolley machine in course of search and seizure. Therefore, the petitioner has not come up before this Court with clean hands. Although an attempt is made on behalf of the learned Counsel appearing for the petitioner making submissions from the bar that the petitioner was not running the saw mill during the pendency of her application for obtaining licence, from the nature of articles seized from the saw mill of the petitioner, this Court finds no substance in the submissions made on behalf of the petitioner. This is an abuse of the process of law. That apart, this Court cannot ignore the question of importance of lash green forests and mangroves of South 24 Parganas, where the saw mill of the petitioner is situated, for keeping the ecological balance and for prevention of pollution.
(3.) CONSEQUENT upon the discussions and observations made hereinabove, this writ application is dismissed. There will be a cost of Rs.10,000/- to be paid by the petitioner towards fees for the learned Advocate appearing for the State within seven days.;