IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.1163 OF 2009 M/S SHANKAR INDUSTRIES, NARAR KOTHI KHAJAULI POLICE STATION KHAJAULI, MADHUBANI THROUGH PROPRIETOR BISUNDEO PRASAD SINGH, UCHHAL, BASOPATTI, MADHUBANI. VERSUS THE STATE OF BIHAR & ORS ----------- 7 19.08.2009. Heard learned counsel for the parties. The petitioner has come to this court for quashing the Resolution no. 22 of 2002, 760E dated 13.11.2003, issued by the Secretary, Department of Environment of Forest, Govt. of Bihar. The petitioner submits that his saw mill was established at Narar Kothi within Kaluahi block of Madhubani district in the year 1968 and obtained the approval from Director of Industries on 4.11.1974. He was granted the licence in the year 1994-95 which was renewed with the time up till year 1999 which is also evident from annexure 1 and 4. He states that his licence was illegally cancelled in the year 2001, thereafter he filed C.W.J.C.No. 11372/02 which was disposed of on 16.1.2003 observing that petitioner should file objection before the Central Empowered Committee (herein after referred to as the CEC) constituted by the directions of the Apex court. The petitioner states that list of saw mills prepared by the State did not find favour with the CEC. A seniority list of saw mills had been prepared for its closure, but the State Government subsequently vide letter no. 279 dated 31.11.2006 stated that it would not be proper to close down saw mills based on the seniority list prepared - 2 - pursuant to the resolution, without conforming to the guidelines of the CEC and the order of the Apex court. It is further said that the State Government has yet to take a final decision on the number of saw mills that it would allow to operate. It is also submitted that in many cases this court has ordered that petitioners who were granted licence they would not be prevented from operating the saw mill. The State had filed a counter affidavit not specifically controverting that petitioner was granted licence in the year 1970s. In view of the fact that a bench of this court granted interim order in respect of other saw mill, this Court also grants the same relief. Interlocutory application No.2184/09 is allowed with observation that petitioner would operate the saw mills, in question, subject to submission of further report by the State Government in this regard. The main writ petition is also disposed of in the aforesaid terms. Shashi (S.P.Singh, J.)