D.P.Kundu, J. - (1.)In this Writ petition the petitioners he prayed for, inter alia, a writ of and/or in nature of Mandamus commanding the respondent to cancel, rescind, withdraw and set aside the order dated 25-10-94 passed in Forest Case No. 9/COP 1994-95 by the respondent No.3 and the said order under challenge has been annexed to the writ petition as Annexure 'G'.
(2.)It is the case of the Writ petitioners that they are the partners of a partnership firm in the name and style 'M/s. B.N. Plywood and Saw Mill'. For running a Saw Mill the petitioners formed the aforesaid partnership firm and have installed necessary machines in the area where sufficient timbers are available for feeding Saw Mill. They made an application on March 1994 in the prescribed Form before the Divisional Forest Officer, Cooch Behar Division, Coach Behar, for grant of necessary licence for running the said Saw Mill. For the purpose of deposit of application fee, the concerned authority is to pass necessary Challans in T.R Form No.7 which the petitioners submitted before the concerned authority on February 5, 1993 but since the said authority failed and/or neglected to pass the said challan the Writ petitioners had no other alternative but to submit the application in prescribed Form along with a forwarding letter dated 11-3-94 stating therein the circumstances under which they had to submit the said application. The authority concerned did not take any step for passing the said challans so submitted by the Writ petitioner nor did the authority concerned assign any reason for non-passing of the said challan but the person similarly circumstanced to those of the petitioner have been favoured with the passing of the said challan.
(3.)It has been averred by the writ petitioners that the usual practice for depositing the requisite application fee they are to fill to T.R. Form No.7 which is to be placed before the concerned authority and after the concerned authority, under due verification of the same, passes the challan and the application fee is to be paid on the basis thereof. The concerned authority did not pass challan so submitted by the Writ petitioners and the Writ petitioners, in spite of their best efforts, could not deposit the necessary fee also with life said application for licence.
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