13.wp.6810-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6810 OF 2008 Sjhankarlal Ratansi Patel and others. ..Petitioners. Versus State of Maharashtra and others. ..Respondents. .... Mr.P.C. Kansara, Advocate for the Petitioners. Mr.V.A. Sonpal, Advocate for the Respondents. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH NOVEMBER, 2009 P.C.:­ 1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. 2. It is common ground that in order to get renewal of license, the petitioner will have to prove, as a fact that, his saw­mill was in existence before 16.7.1981 and that he had applied for license before 30.9.1981, and it is only in that situation that the State Government can hold an inquiry and grant renewal of license if the State Government comes to conclusion that the closure of 13.wp.6810-08 2 the saw­mill would not be in the public interest. It is clear from the order dated 12th March, 2008 that this aspect of the matter has not been considered. It is the submission of the learned Counsel appearing for the State Government that the petitioner did not produce any material to show that his saw­mill was actually in existence before 16.7.1981 or that he had made an application for license before 30.9.1981. In this view of the matter, in our opinion, the following order would meet the ends of justice : :: O R D E R :: [i] The order dated 12th March, 2008 impugned in the Petition is set­aside. [ii] The matter is remitted back to the Deputy Conservator of Forest, Junnar Forest Division, Junnar who shall consider the matter afresh and take decision in accordance with law and in the light of the observations made hereinabove. [iii] The learned Advocate for the petitioners has stated that unless the matter is decided again, pursuant to this order, he will not commence operation of his saw­mill. The statement is accepted. The learned Counsel appearing for 13.wp.6810-08 3 the State Government states that the Deputy Conservator of Forest will pass the order pursuant to this order within a period of three months from the date of receipt of this order. [iv] Rule is made absolute. Writ Petition is disposed of accordingly. No order as to costs. (D.K.DESHMUKH,J) (K.K. TATED,J)