1` 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No. 4847/2004 Sudhakar Uttamrao Thakre vs. The State of Maharashtra through its Secretary,Department of Forests, Mantalaya Mumbai 32 and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A. P. Lavande & P. D. Kode, JJ DATE : 27.07.2009 Heard Mr. Anand Parchure, learned counsel for the petitioner,Mr. Sonak, learned A.G.P. for respondent no.1 and Mr. Badar, learned Spl. Counsel for respondents 2 to 4. 2. By this petition the petitioner has challenged orders dated 17.12.1996, 25.4.2003 and 13.8.2004 passed by respondents 4,3 and 2 respectively by which the license issued to the petitioner to run saw mill has been cancelled on the ground that the saw mill is situated within 10 KM of the reserved forest. Mr. Parchure, learned counsel for the petitioner submits that the petitioner is interested in shifting the saw mill beyond 10 KM from the reserved forest and he will file appropriate application to the Competent Authority in that regard and the Competent Authority be directed to decide the application in accordance with law. 2` 3. Mr. Parchure states that the petitioner be permitted to withdraw the petition with liberty to file such application to the competent authority. 4. In view of the statement made by Mr. Parchure on behalf of the petitioner, petition is allowed to be withdrawn with liberty to the petitioner to file application before the competent authority for shifting his saw mill beyond 10 KM from the reserved forest. If such an application is filed within a period of six weeks, the competent authority shall decide the same in accordance with law within a period of six weeks from the date of receipt of the application. All the contentions raised in the petition are kept open. The petition stands disposed of. Rules is discharged. Civil Application (W) No. 1257/2009 in W.P.No. 4847/2004: In view of the order passed in the petition, this application stands disposed of. JUDGE JUDGE patle 3`