ANAND TIMBER Vs. STATE OF JHARKHAND
LAWS(JHAR)-2002-7-40
HIGH COURT OF JHARKHAND
Decided on July 11,2002

Anand Timber Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the letter dated 7.9,2001 and 12.12.2001 issued by respondent Nos. 3 and 4, namely, Conservator of Forest, Deoghar Circle, Deoghar and the Divisional Forest Officer, Deoghar, whereby the application for renewal of licence of Saw Mill has been rejected.
(2.) PETITIONERS case is that in 1996, he had applied for grant of licence for Saw Mill and after due inquiry that the Saw Mill situated outside the forest area a licence was granted in 1997. The said licence being registration No. 1/97 was time to time renewed by the Divisional Forest Officer, Deoghar. All of a sudden in 2001 petitioner was directed by respondent No. 4 to produce all the documents in relation to his Saw Mill. Petitioner produced all the documents. However, suddenly respondent No. 4 refused to renew the licence and directed the petitioner to stop the Saw Mill. Respondent No. 4 in his counter affidavit has stated that petitioner was granted licence for the Saw Mill in Deoghar township in 1997 after the ban imposed by the Supreme Court for grant of fresh Saw Mill licence. It is stated that Government of Bihar also took a policy decision not to grant licence for Saw Mills in the district Deoghar. It is further stated that on 14.2.2001, a meeting was held in which it was decided to reduce the number of Saw Mills in the district of Deoghar in the light of the decision of the Supreme Court. Respondents further case is that on 21.6.2000, a raid was conducted in the Saw Mill of the petitioner on the basis of which a confiscation case being Case No. 17/2000 was started against the petitioner and a penalty of Rs. 10,000/ -was imposed.
(3.) FROM perusal of the Impugned letter dated 7.9.2001, it appears that the Conservator of Forest ordered that renewal of licence shall not be issued till further order in view of the order passed by the High Court in a Public Interest Litigation. In another letter dated 12.12.2001, the Divisional Forest Officer informed the petitioner that all licences which were issued after 12.12.1996 shall not be renewed in view of the decision of the Supreme Court.;


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