RAJESH SHANKAR,J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 28.04.2003 passed by the Divisional Forest Officer, Ranchi East Forest Division (respondent No. 5) whereby the licence of M/s Jay Bharat Saw Mill for carrying business of timber was cancelled.
(3.) The factual background of the case is that a partnership deed was executed in the month of April 1995 among three partners namely Kaleshwar Prasad Choudhary, Gopal Prasad Choudhary and Bisheshwar Choudhary (own brothers) in the name and style of M/s Jay Bharat Saw Mill for carrying business of timber. Initially, Gopal Prasad Choudhary (the petitioner herein) had active role in completion of formalities for taking licence for running the saw mill which was granted in favour of the said firm in the year 1996. The said licence was renewed up to 2000. Subsequently, an application for renewal of licence was filed by Kaleshwar Prasad Choudhary upon which, a notice was issued by the licencing authority-cum-Divisional Forest Officer, East Forest Division, Ranchi vide letter no. 1003 dated 04.04.2002 informing the petitioner that the monthly return is not being filed on behalf of the Establishment after February, 2000 as well as the said Establishment is continuously closed. On these two grounds, the petitioner was issued the notice as to why the Saw Mill licence of M/s Jay Bharat Saw Mill should not be cancelled as per Section 7 (5)(a) of the Bihar Saw Mills (Regulation) Act, 1990 (hereinafter to be referred as "the Act") and subsequently the same was cancelled on the ground that previously the steps for renewal of licence was taken by Gopal Prasad Choudhary but later on such application was presented by one Kaleshwar Prasad Choudhary and Satish Kumar Choudhary.;