IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.676 of 2009 MD.OSMAN Versus THE STATE OF BIHAR & ORS ----------- 8 14.9.2009 In the instant writ petition, the petitioner prays for quashing the order contained in memo no.573 dated 9.6.2006 whereby the Conservator of Forest refused to grant licence to the petitioner to operate his plywood/Vineer Mill. The petitioner submits that was operating the aforesaid plywood/Vineer Mill prior to 1996 even before the order of Hon’ble Apex Court dated 12.12.1996 passed in the case of T.Godaveraman in W.P.(Civil) No.202 of 1995. The petitioner further states that a committee was constituted by the Government to scrutinize the plywood/Vineer Mill which were in operation. The Committee in its report found that the petitioner’s plywood/Vineer Mill situated in the district of West Champaran at Bettiah was established prior to 12.12.1996. He further submits that Plywood/Vineer Mill did not require any licence prior to amendment in the Saw Mill Act, 2002. The impugned order dated 9.6.2006 was passed without considering the decision passed in C.W.J.C.No.11209 of 2006 and his case is fully covered by the judgment and order dated 1.12.2004 passed in C.W.J.C.No.11428 of 2004. Counsel for the State submits that Annexures-1 and 2 were not based on correct facts as the petitioner merely took land on lease for operating the saw mill, which he started later 2 KHAN on. It would be relevant to point out that the State Government vide letter no.279 dated 31.1.2006 had expressed doubt regarding the validity of its resolution no.760 dated 13.11.2003. A fresh seniority list is being prepared on the basis of direction of the Central Empowered Committee. Till a fresh report is prepared by the Committee constituted by the State, the interim order granted by this court on 20.4.2009 would continue. This interim order would be subject to the new report that would be approved by the State Government. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)