WP(C) 3191/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mr. D. Das, learned counsel for the petitioners and Mrs. H. M. Phukan, lea rned State Counsel. The subject matter of challenge in this writ petition is an order dated 1-3-09 p assed by the Range Officer, Palashbari Range, respondent No. 7 herein by which t he petitioner has been directed to stop the functioning of his Saw Mill temporar ily with immediate effect in connection with seizure of Truck being numbered AMU 2789 loadded with Swan Timbers from his Mill. The petitioner is the owner of t he aforesaid Mill and he is operating the mill after obtaining valid license fro m the authority. Sawn Timbers which were sown in the mill of the petitioner were seized from the Truck. In connection with the aforesaid incident, the impugned order has been passed by the respondent No. 7 stopping the functioning of the mill . Mr. D. Das, learned counsel submits that the respondent No. 7 is not vested with the authority or otherwise to issue the impugned order thereby stopping the fun ctioning of the Mill and the resultant affect of the aforesaid order has adverse ly affected the livelihood of the petitioner violating Art. 21 of the Constituti on of India. Counter has been filed by the respondent Nos. 3 and 8 separately. The responde nt No. 7, the DFO, who is a forest officer, Kamrup East Division, Basistha, has stated as follows : 3. That with regard to the statements made in Paragraph No. 10 of the writ pet ition, the deponent begs to state that as per record it is seen that the Range O fficer, {Palashbari Range has directed that proprietor of M/S Biswanath Saw Mill (Petitioner No. 2) to stop the functioning of the Saw Mill temporarily as per t he instruction of the Chief Conservator of Forest(Vigilance), Assam passed at B amunigaon, in course of his enquiry in to the matter of O.R. No. BG/24 of 2008-0 9 of Kamrup West Division, Bamunigaon on 28-02-2009. The Range Officer, Palashba ri Range is duty bound to comply the instruction of his superior officers. Furth er, after compliance of the order of the Chief Conservator of Forests(Viligance) , Assam, he informed it to the authority concerned including the Conservator of Forests, Central Assam Circle. Moreover, it is reported that the Range Officer, Palashbari has not seized the Mill Register and other records of the Mill as al leged by the petitioner but he rightly brought the records to his office for ver ification, within his Authority. Further more the Range Officer has only temporarily stopped functioning of the M ill, that too as per instruction of the Chief Conservator of Forests(Vigilance), Assam. He has not taken any step for suspension/revocation of license of the Mi ll. Perhaps the instruction for temporary stoppage of functioning of the Mill wa s required to facilated proper verification of the stock of the Mill. Similarly the respondent No. 8 in his counter has also reiterated similar statem ents. It appears from the record that the verification of the relevant Register of the Petitioner’s mill has already over. The respondent No. 8 vide letter date d 4-4-09 wrote to the Conservator as follows : To, The Conservator of Forests Central Assam Circle Guwahati -1 Sub : verification of M/s Biswanath Saw Mill at Palashbari. Ref : Your Office Letter No. FG 50/WBI/ Misc/02 pt dated 20/03/2009 Sir, With reference to the above, I have the honour to inform you that Sri S. N. Das and Sri A.K. Khound, ACF went to Palashbari on 02-03-09 and visited M/S B iswanath Was Mills in presence of the Prop of the Saw Mill and submitted their v erification report. The finding of the report is enclosed herewith for favour of your kind information and needful action. As reported by the deputed officers, all the timbers lying in the saw mill premises and outside the mill premises al ong with Registers were verified by them and found the timbers as per records i n the Register and no other irregularities of any kinds have been noticed. Subse quently, I have personally visited the above W.B.I. along with ACF’s of the Div ision & Range officer, Palashbari Range & no irregularities of any kind have bee n noticed by me. In view of the above, I would like to request you that the W.B.I. may ki ndly be allowed to run. Enclosed - ACF’s report. Yours Faithfully Divisional Forest Officer Kamrup East Division, Basistha Guwahati -29 From the aforesaid facts it is amply clear that the verification of the Register s of the Sawn Mill in question is already over and there is no occasion for cont inuation of the impugned order thereafter. In fact the same is over, the respon dent authorities ought to have themselves vacated the impugned order. In view of the above discussions, I do not find any justification for discontinu ation of functioning of the mill and accordingly the impugned order dated 1-3-09 passed by the respondent No. 7 stands set aside and quashed. The petitioner would be entitled to re-open the mill. This writ petition stands allowed to the extent indicated above.