IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5173 of 2011 1. M/S BOL BUM FURNITURE & SAW MILL, MAIN ROAD, KANKARBAGH, P.S. KANKARBAGH, DISTT. PATNA, A PROPRIETORSHIP FIRM THROUGH ITS PROPRIETOR RAVI KAUSHIK SON OF LATE MEHARCHAND SHARMA, RESIDENT OF MAIN ROAD, KANKARBAGH, P.S. KANKARBAGH, DISTT. PATNA. 2. M/S EKTA TIMBER, KHAGAUL ROAD, PHULWARISHARIF, P.S. PHULWARISHARIF, DISTT. PATNA, A PROPRIETORSHIP FIRM THROUGH ITS PROPRIETOR RATAN KUMAR, SON OF LATE JANGLI MISTRI, RESIDENT OF KHAGAUL ROAD, PHULWARISHARIF, P.S. PHULWARISHARIF, DISTT. PATNA. 3. M/S SURENDRA PRASAD SAW MILLS, GANDHI GHAT, TAKIAPAR, P.S. DIGHA, DISTT. PATNA, A PROPRIETORSHIP FIRM THROUGH ITS PROPRIETOR SURENDRA KUMAR, SON OF MAHENDRA PRASAD, RESIDENT OF GANDHI GHAT, TAKIAPAR, P.S. DIGHA, DISTT. PATNA. 4. M/S OM FURNITURE SAW MILL, NEW ETWARPUR, KURTHAUL, P.S. PARSA BAZAR, DISTT. PATNA, A PROPRIETORSHIP FIRM THROUGH ITS POWER OF ATTORNEY HOLDER AKHILESH VISHWARKARMA, SON OF SRI RAJ NANDAN SHARMA, RESIDENT OF NEW ETWARPUR, KURTHAUL, P.S. PARSA BAZAR, DISTT. PATNA……………………….PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF ENVIRONMENT OF AND FOREST, GOVERNMENT OF BIHAR, SICHAI BHAWAN, SECRETARIATE, PATNA. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, DEPARTMENT OF ENVIRONMENT AND FOREST, GOVERNMENT OF BIHAR, 4TH FLOOR, TECHNOLOGY BHAWAN, BAILEY ROAD, PATNA. 3. THE COMMISSIONER, PATNA DIVISION, PATNA- CUM-CHAIRMAN, SELECTION COMMITTEE OF SAW MILLS, PATNA, DISTRICT PATNA. 4. THE CONSERVATOR OF FOREST, PATNA CIRCLE, PATNA. 5. THE LICENSING AUTHORITY-CUM-DIVISIONAL FOREST OFFICER, PATNA FOREST DIVISION, PATNA……………………………..RESPONDENTS. For the petitioners : Mr. Mrigank Mauli, Advocate. For the State : Mr. Satish Kr. Sinha, Advocate. ----------- - 2 - 02/ 18.03.2011 Heard learned counsel for the petitioners and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioners challenging Resolution No.76/2007-2675 dated 30.08.2010 issued by the Department of Environment and Forest, Government of Bihar by which a detailed guidelines were provided with regard to the preparation of Seniority List of saw mills and the closure of excess saw mills in the State of Bihar as contained in Annexure-7 to this writ petition and challenging the seniority list of saw mills within the district of Patna which was finalized by the Selection Committee and also challenging letters dated 01.01.2011, 03.01.2011 and 01.01.2011 (Annexure-11 series) issued by the Licensing Authority- cum-Divisional Forest Officer, Patna by which petitioners were asked to close down their saw mills within 30 days because their saw mills have been excluded from the seniority list of saw mills, failing which the legal action would be taken against them under the provisions of the Bihar Saw Mills (Regulation) Act, 1990 and for other ancillary reliefs. 3. The matter is a contested one and both the parties are raising their respective claims. Similar matter had arisen earlier in C.W.J.C. No.4207 of 2011 and the only difference between that case and the instant case is that in the earlier case the father of the petitioner was the licensee whereas in the instant case the petitioners themselves are the licensees. This fact hardly affects the merit of the case. In the said circumstances, this case is also disposed of in terms of order dated 08.03.2011 passed in C.W.J.C. No.4207 of 2011. - 3 - 4. The petitioners have got an alternative remedy and hence they should prefer appeals against the impugned decisions taken by the District Level Committee dated 01.01.2011, 03.01.2011 and 01.01.2011 (Annexure-11 series). If such appeals are filed along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to filing of this writ petition and shall decide the said appeals on merits expeditiously preferably within a period of four months thereafter. If appeals are filed as per the direction given above, the operation of the impugned orders dated 01.01.2011, 03.01.2011 and 01.01.2011 (Annexure- 11 series) shall remain stayed till disposal of the concerned appeals. Harish (S.N. Hussain, J.)