IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3744 of 2009 M/S RANJEET SAW MILL, through Mantu Sharma, S/o Ramchandra Sharma, R/o Village- Maraiya, P.S.-Parbatta, District- Khagaria. . Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Department of Forest and Environment, Government of Bihar, Patna. 3. The Principal Chief Conservator of Forest, Bihar, Patna. 4. The Conservator of Forest, Purnea Forest Extension Circle, Purnea. 5. The Divisional Forest Officer-cum-Licensing Authority, Begusarai Forest Division, Begusarai. 6. The Forests Range Officer, Khagaria. 7. M/s Vishwakarma Saw Mill, Proprietor Sri Chandra Shekhar Sharma, Mustipur Kothi, Khagaria. 8. M/s Ashok Saw Mill, Proprietor Sri Vidyanand Sharma, Mohaddipur, Khagaria. 9. M/s Durga Saw Mill, Proprietor Sri Asharfi Sharma, Pansalla, Beldaur. 10. M/s S.K.Furniture, Prof. Md. Ali Barua Chautham, Khagaria. 11. M/s Rajendra Saw Mill Furniture Yudog, Prop. Sri Rajendra Prasad Gupta, Naranga, Khagaria. 12. M/s Vikas Saw Mill, Proprietor Sri Ram Lakhan Mistri, Beldaur, Khagaria. For the Petitioner : M/s Satish Chandra Mishra and Md. Nurul Hoda, Advocates. For the State : Mr. S.B.N.Singh, AC to SC-17 ----------- 3. 10-08-2010 1. Heard learned counsel for the petitioner, learned counsel for the State-Respondents and its authorities. 2. This writ petition has been filed by the petitioner challenging order dated 28-01-2009 passed by Licensing Authority –cum-Divisional Forest Officer by which his petition for renewal of Licence No. 100/1994 was rejected. 3. Learned counsel for the petitioner submits that said order was passed on the same ground on which earlier on 31.12.2001 vide Annexure-1, the authority concerned cancelled the 2 said licence. It is also submitted that against the said order dated 31.12.2001, petitioner filed an appeal before the appellate authority-cum- Conservator of Forest, Purnia , who allowed the appeal vide order dated 09-04-2003 (Annexure-2) and set aside order of the Licensing Authority. He further submits that authorities are confusing the number of licence of petitioner namely Licence No. 100 of 1994 and has wrongly included it in the list (Annexure-3) at Sl. No. 16 mentioning it as Licence No. 100 of 1995 and thereafter his name has altogether been removed, which is apparent from Annexure-A to the Counter Affidavit due to non- filing of return and renewal fees. 4. Learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file an appeal before the appellate authority in accordance with law. 5. This writ petition is accordingly disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files the said appeal along with the copy of this order and also an interlocutory application for condoning the delay, the appellate authority considering the time consumed in this writ petition shall decide the appeal on merits expeditiously preferably within three months from the date of filing of the appeal. Till then if the machinery of the petitioner has not been removed from the premises, it shall not be removed. Sujit (S.N.Hussain, J)