IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2391 of 2003 BHARAT SHARMA Versus THE STATE OF BIHAR & ORS ----------- 5 25.11.2009 Heard counsel for the petitioner and the State. In the instant writ petition the petitioner prays for setting aside the order dated 2.2.2002 passed by the Licensing Officer cum Forest Divisional Officer, Katihar by which he has cancelled the licence of the petitioner bearing Licence No.55/94 as well as the order dated 8.6.2002 passed by the Prescribed Authority cum Forest Conservator, Purnea Anchal. The petitioner was granted licence bearing no.55/94 to run a saw mill in the name and style of M/s Bharat Timber Works. The shop of the petitioner is situated at Dahariya Mafarganj within the district of Katihar. In the year 1996 the petitioner gave an application to change the licence of saw pit into saw mill which was granted in the year 1997. However, the respondent authority without affording opportunity of hearing cancelled the licence of the petitioner in the year 2002. After hearing counsel for the parties, this court is of the view that the licensing authority should have given an opportunity to the petitioner to place his case and document before canceling the licence. As such the impugned order dated 2.2.2002 passed by the Licensing Officer cum Forest Divisional Officer, Katihar as well as the order dated 8.6.2002 passed by the Prescribed Authority cum - 2 - KHAN Forest Conservator, Purnea Anchal are set aside. The matter is remitted back to the respondent no.4, the licensing authority cum Divisional Forest Officer, Katihar to pass afresh order after giving due notice to the petitioner. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)