KAPURA MANDAL ALIAS KAPURAL MANDAL Vs. STATE OF JHARKHAND
LAWS(JHAR)-2010-6-25
HIGH COURT OF JHARKHAND
Decided on June 24,2010

KAPURA MANDAL @ KAPURAL MANDAL Appellant
VERSUS
STATE OF JHARKHAND,CONSERVATOR OF FORESTSCUMAPPELLATE AUTHORITY, BOKARO CIRCLE,DIVISIONAL FOREST OFFICERCUMLICENSING AUTHORITY, DHANBAD Respondents

JUDGEMENT

- (1.) Heard the parties and with their consent this petition is being disposed of at this stage itself.
(2.) The petitioner's case is that her father-in-law late Jamini Kant Mandal was an employee of the Central Government and he, after his retirement, applied for license under Bihar Saw Mills Regulation Act, 1990 for running a business of Saw Mill, which was granted to him in the year 1994. Her father-in-law was running the Saw Mill and after his death the said license was transferred and a fresh license was issued in the name of the petitioner, who was carrying out Saw Mill business in the name of M/S Kalyan Timber Traders at Baliapur in the District of Dhanbad under License No. DH/ 29/2003. Further, according to her, while her application for renewal of her Saw Mill license was pending, she received a notice dated 11/01/2006 issued by the D.F.O. cum Licensing Authority to show cause as to why her Saw Mill license be not cancelled in view of the provisions of Section 75 of the Indian Forest Act on the ground that her husband is a permanent employee of the Forest Department and, therefore, she being his relative cannot be allowed to do trade or business in Timber or any other forest produce.
(3.) The petitioner filed a show cause but the D.F.O., vide his order dated 17/03/2006 (Annexure1) cancelled her license and communicated his order to the petitioner. Against the said order of cancellation by the D.F.O., the petitioner preferred an appeal under Section 12 of the Bihar Saw Mills Regulation Act, 1990 before the Conservator of Forest cum Appellate Authority, Bokaro Circle. The said appeal was also dismissed by order dated 09/12/2006 contained in Annexure-2 to this writ petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.