IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6296 of 2009 RADHA DEVI wife of Dhanik Lal Sharma, resident of village- Mahisauri (Khaira More) Post + P.S. + District- Jamui. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Environment and Forest, Govt. of Biahr,Patna. 2. The Principal Chief Conservator of Forest,Bihar,Patna. 3. The Prescribed Authority cum Conservator of Forest, Bhagalpur. 4. The Licensing Officer cum the Divisional Forest Officer, Jamui,Forest Division, Jamui. 5. The Range Officer, Jamui Range, Jamui. ----------- 3 21.5.09 Petitioner’s grievance is with regard to the seizure of his saw mill on 15.12.08 by the Range Officer, Jamui and consequent lodging of complaint before the Chief Judicial Magistrate, Jamui (Annexures 1 and 5 respectively). Petitioner submits that he was no.1 in seniority list and as such could not be seized. A perusal of Annexures 1 and 5 would show that saw mill has not been seized for contravention of the order of the Apex Court or any other reason but for the reason that at the time of inspection licence could not be produced. Petitioner has annexed his licence and its renewal upto the year 2001 and has asserted that thereafter licence were not being renewed but licence fees were being regularly paid. Licence was never cancelled nor renewal refused. He thus submits that he was carrying on the business legitimately. In my view, it is for the respondents to consider this aspect of the matter. Petitioner is directed to produce his licence and evidence of renewal fee along with the seniority list before the Range Officer, Jamui and such other papers which he may require and on production of those papers the officer concerned would take a decision 2 whether the petitioner had a valid authority to operate saw mill. If it is found that the petitioner had the authority then he would direct unsealing of the saw mill premises and take steps for withdrawal of the criminal complaint. All this must be done within a period of one month of petitioner’s filing his application and papers before the concerned authority along with a copy of this order passed today. This disposes of the writ petition. SINGH (Navaniti Prasad Singh, J.)