IN THE HIGH COURT OF JUDICATURE AT PATNA C. W. J.C. No.20093 of 2010 Tej Narayan Sharma Versus The State Of Bihar & Ors ---------------------------------- 02. 04.08.2011 Ms. Sushmita Mishra appears on behalf of the learned counsel for the petitioner but there is no representation on behalf of the State. The writ petition was filed seeking direction to the respondent authorities to amend the final seniority list of the saw mills of Bhagalpur issued on 23.10.2010 as contained in Annexure-1 to the writ petition. It is the case of the petitioner that he had applied for grant of license under the provisions of the Saw Mill Regulation Act, 1990 in the prescribed form. The application remained pending at the hands of the respondent no. 3, the Divisional Forest Officer, Banka Forest Division-cum- Member Secretary, Bhagalpur. While the matter remained at this stage the State Government came up with a resolution on 30.08.2010 laying down guidelines as to the preparation of the seniority list, division wise in the light of the directions issued by the Hon’ble Supreme Court in the case arising from W.P.C. No. 202 of 1995 and guidelines issued by the Central Empowered Committee. On the directions of the Hon’ble Supreme Court, respondent no. 3, the Divisional Forest Officer, Bank prepared a provisional seniority list on 2 13.9.2010 placed at Annexure-10 of the writ petition. The name of the petitioner was not placed in the seniority list and as such he filed an objection thereto on 27.9.2010. Following the objection filed on behalf of the petitioner a notice was received by him issued under the signature of the respondent no. 3 directing him to appear before the respondent no. 2, in person together with documents in connection with the hearing on the objection petition. It is contended that though the petitioner appeared before the respondent no. 2 and also filed a petition on 13.10.2010 highlighting the infirmities in the seniority list but there was no outcome of the said hearing and the matter remained as such. It is contended that even when no final order was passed by the respondent no. 2, the Divisional Commissioner, Bhagalpur-cum-Chairman of the Bhagalpur District Saw Mill Selection Committee on the hearing of the objection filed by the petitioner, the respondents came up with a final seniority list on 23.10.2010. The name of the petitioner again is not to be found in the said seniority list which according to the petitioner has been prepared not only in violation of the directions of the Hon’ble Supreme Court but also contrary to the guidelines issued by the Central Empowered Committee also taken note of in the resolution of the State Government dated 30.8.2010. It is in these circumstances that the present writ petition have been filed. A copy of the resolution dated 30.8.2010 has 3 been placed on the record of the proceedings at Annexure-2 Clause 2 (2) (vi) of the said resolution entitles the persons aggrieved by the decision of the selection committee to prefer an appeal before the concerned District and Sessions Judge to be filed within a period of 30 days from the decision of the selection committee. In view of the stipulation provided under paragraph 2(2) (vi) of the resolution dated 30.8.2010, the writ petition is disposed of with the liberty to the petitioner to prefer an appeal in terms of the said provision before the concerned District and Sessions Judge together with an application for condonation of delay and which may be considered and disposed of expeditiously and preferably within a period of four months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)