IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15734 of 2010 1.M/S NAGENDRA KUMAR SAW MILL THROUGH ITS PROPRIETOR NAGENDRA KUMAR S/O KRISHNADEO SINGH, RESIDENT OF KHGAUL ROAD, PHULWARI SHARIFF, P.S.PHULWARI SHARIFF, DISTRICT PATNA 2.M/S BADAL TIMBER THROUGH ITS PROPRIETOR BINOD PRASAD SINGH S/O RAJENDRA PRASAD SINGH, RESIDENT OF NAGINA COLONY, PHULWARI KHGAUL ROAD, P.S. PHULWARI SHARIFF, DISTRICT PATNA 3.M/S SANJAY KUMAR SAW MILL THROUGH ITS PROPRIETOR SANJAY KUMAR S/O LATE SHIVASHANKAR SINGH, RESIDENT OF KHGAUL ROAD, PHULWARI SHARIFF, P.S. PHULWARI SHARIFF, DISTRICT PATNA ---- PETITIONERS Versus 1.THE STATE OF BIHAR, THROUGH THE SECRETARY, ENVIRONMENT & FOREST DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, BIHAR, PATNA 3.THE DEPUTY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOREST AND ENVIRONMENT, GOVERNMENT OF BIHAR, PATNA 4.THE DIVISIONAL FOREST OFFICER, PATNA FOREST DIVISION, PATNA 5.THE FOREST RANGE OFFICER, PHULWARI SHARIFF RANGE, PATNA ----RESPONDENTS ----------- For the petitioners : Mr.Ranjan Kumar Jha, Advocate For the State : Mr.Dr.Kumar Amitesh Chandra, A.C. to G.A.VI ----- 3. 27.9.2010 The petitioner Nos. 1 & 2 are aggrieved by the orders dated 30.8.2010 issued by the Divisional Forest Officer, Patna Forest Division by which he has rejected their applications for renewal of their saw mill licences on the ground that they have not obtained the stay order from the High Court and the petitioner No.2 has additionally not submitted up-to-date lease deed; with respect to petitioner No.3 it is apprehended that a similar order will be passed in his case. 2 Learned counsel for the petitioners refers to the Resolution No. 2675 dated 30.8.2010 issued by the State Government in the Environment and Forest Department by which the principles of deciding the seniority of the different saw mills in each district as also of the veneer mills has been given and it has also been provided in the last paragraph of the said Resolution that until the final seniority list is published, in terms of the recommendation dated 11.6.2008 of the Central Empowered Committee no duly licensed saw mill of the district shall be closed. It has further been provided that the benefit will not be available to any saw mill which has violated any of the conditions of the Bihar Saw Mills (Regulation) Act, 1990. It has further been provided that the licences of the saw mills shall be renewed from time to time until the final seniority list is published. It is evident that the impugned order dated 30.8.2010 has been passed by the Divisional Forest Officer in ignorance of the Resolution dated 30.8.2010 of the State Government. In the above facts and circumstances, the impugned orders dated 30.8.2010 with respect to petitioner Nos. 1 & 3 2 are quashed and it is directed that the applications for renewal of licences of the three petitioners shall be considered and disposed of by the Divisional Forest Officer, Patna within a period of four weeks from the date of receipt/production of a copy of this order in accordance with the directions contained in the Government Resolution dated 30.8.2010 and until such disposal no coercive step shall be taken against the petitioners. The writ application is, accordingly, disposed of in terms of the aforesaid direction. (Ramesh Kumar Datta,J.) Spal/