IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10893 of 2011 M/S JAI BHARAT SAW MILL,BAHADURPUR, P.S. SAMASTIPUR, DISTRICT SAMASTIPUR, A PROPRIETORSHIP FIRM THROUGH ITS PROPRIETOR BIPIN KUMAR SHARMA, SON OF LATE YOGENDRA THAKUR, RESIDENT OF BAHADURPUR, P.S. SAMASTIPUR, DISTRICT SAMASTIPUR……..PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF ENVIRONMENT AND FOREST, GOVERNMENT OF BIHAR. 2. THE CONSEREVATOR OF FOREST-CUM-APPELLATE AUTHORITY, MUZAFFARPUR CIRCLE , MUZAFFARPUR. 3. THE DIVISIONAL FOREST OFFICER, BEGUSARAI FOREST DIVISION, BEGUSARAI…………………….RESPONDENTS. For the petitioner : Mr. Vinay Mistry, Advocate. For the respondents : Mr. Mrigendra Kumar, AC to SC.-10. ---------------------------------- 02/ 08.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following relief:- (i) For issuance of a writ in the nature of Mandamus directing the respondent no.3- Divisional Forest Officer, Begusarai Forest Division, Begusarai to release the confiscated materials and equipments of Saw Mill in favour of the petitioner in terms of the order dated 30.12.2010 passed by the respondent no.2 in Appeal No.4 of 2010 and for which the petitioner made an application for release of the same before the respondent no.3 on 4.6.2011 as contained in Annexure-2 to this writ application. 3. Learned counsel for the petitioner submits that letter no.536 dated 02.04.2002 including order of confiscation dated 31.03.2007 were issued against the petitioner by the Divisional Forest Officer, Begusarai Forest Division and the said order was challenged by the petitioner before the - 2 - Conservator of Forrest-cum-Appellate Authority, Muzaffarpur Circle vide Appeal No.04 of 2010 which was allowed by the appellate authority vide order dated 30.12.2010 (Annexure-1) and order dated 02.04.2002 including confiscation order dated 31.03.2007 were set aside and the respondent was directed to release the confiscated materials and equipments of Saw Mill of appellant in its present form and to accept the renewal fee. It was also directed that the matter be placed before the Selection Committee for the Saw Mill of the petitioner who may be directed to run till further decision as the petitioner appeared as deemed licensee in the light of Circular dated 30.08.2010. 4. The grievance of the petitioner is that in spite of the said order dated 30.12.2010 and in spite of petitioner’s application dated 04.06.2011, the Divisional Forest Officer, Begusarai Forest Division is not taking any step. 5. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Divisional Forest Officer, Begusarai Forest Division (respondent no.3) along with a copy of his application dated 04.06.2011 as well as a copy of this order. If such an application is filed by the petitioner within 15 days from today, the said authority shall decide the same by a speaking order and take all necessary steps in that regard immediately not beyond 30 days thereafter. Harish (S.N. Hussain, J.)