IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1628 of 2006 SHAMBHU MISTRY, SON OF LATE MAHABIR MISTRY, RESIDENT OF VILLAGE- GOSANYEE BIGHA, POLICE STATION- AKABARPUR, DISTRICT- NAWADA :---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF FOREST, GOVTG. OF BIHAR, PATNA. 2. DIVISIONAL FOREST OFFICER, NAWADA. 3. CONSERVATOR OF FOREST, GAYA :---RESPONDENTS. ----------- 2. 27.01.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is desirous of establishing a saw mill. He applied for grant of saw mill operating licence vide application dated 31.08.2002 in Form-Ka as provided under Rule 3(2) of Bihar Saw Mill (Regulation) Rule, 1998. Copy of the application form is contained in Annexure-1. He also deposited the required fee for the same which is evident from copy of the demand draft, Annexure-2. It is further submitted on behalf of the petitioner that till date aforesaid application dated 31.08.2002 has not been considered although the request remained pending for over four years whereafter this writ petition was filed on 07.02.2006. Even during the pendency of the writ petition no order on the application dated 31.08.2002 has been conveyed to the petitioner. - 2 - 3. Counsel for the State, however, states that petitioner had established a saw mill without obtaining licence which was raided and his tools were seized and report was filed before the C.J.M., Nawada, confiscation proceeding was also initiated against him. 4. Aforesaid statement has not been made by filing counter affidavit. In the circumstances, I deem it expedient to direct the Divisional Forest Officer, Nawada, Respondent No. 2 to consider the request of the petitioner for grant of saw mill licence in the light of request dated 31.08.2002 and if the contention as advanced by the State counsel in Court today is correct order to the aforesaid effect be communicated to the petitioner, as early as possible, in any case within one month from the date of receipt/production of a copy of this order before Respondent No. 2. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)