IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5674 of 2011 Om Prakash Singh aged about 45 years, son of Jai Nandan Prasad Singh, resident of Village-Pawai, P.O.+ P.S.-Amarpur, District-Banka. …….Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Govt. of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner Bhagalpur-cum-The Chairman of Saw Mill Selection Committee, Bhagalpur. 4. The Conservator of Forest, Bhagalpur-cum-Member, Saw Mill Selection Committee, Bhagalpur. 5. The Divisional Forest Officer, Banka-cum- The Member Secretary, Saw Mill Selection Committee, Bhagalpur. 6. The Range Officer, Banka Range, Divisional Forest Office, Banka. 7. The Forester, Banka Officer, Divisional Forest Office, Banka. …….Respondents. For the petitioner : M/s Aditya Prakash Sahay, Manas Prakash & Manoj Kumar, Advocates. For the State : Mr. J.S.Barnwal, S.C. I. With CWJC no.5711 of 2011 M/S Bhargo Timber, New By-Pass Road, N.H.-30, Patna, a proprietorship Karnail Singh, son of Late Sardar Charan Singh, resident of M/s Bhargo Saw Mill, Khagaul Road, Mithapur, P.s.-Jakkanpur, District-Patna. ….. Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Govt. of Bihar, Sichai Bhawan, Secretariat, Patna. 2. The Principal Chief Conservator of Forest, Department of Environment and Forest, Government of Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna. 3. The Commissioner, Patna Division, Patna -cum- Chairman Selection Committee of Saw Mills, Patna, District-Patna. 4. The Conservator of Forest, Patna Circle, Patna. 5. The Licensing Authority-cum-Divisional Forest Officer, Patna Forest Division, Patna. …….Respondents. For the petitioner : M/s. Mrigank Mauli & Vinay Mistry, Advocates. For the State : Assistant counsel to A.A.G.I. With CWJC no.5992 of 2011 1. M/S Maa Furniture And Saw Mills, Bikram, P.S.- Bikram, District- Patna a proprietorship firm through its proprietorAnil Kumar Sharma, son of Late Kapildo sharma, resident of Bikram, P.S.-Bikram, District- Patna. 2. M/s Lal Furniture Saw Mill, Bikram, P.S.- Bikram, Distt.- Patna a proprietorship firm through its proprietor Sri Kamlesh Prasad, son of - 2 - Dham Narayan Vishwakarma, resident of Bikram, P.S. Bikram, District-Patna. 3. M/s Umesh Sharma Saw Mill, Khoraitha, P.S.-Bikram, District-Patna a proprietorship firm through its proprietor Umesh Sharma son of Late Vishnu Mistri, resident of Khoraitha, P.S.- Bikram, District-Patna. 4. M/s Dhaneshwar Sharma Saw Mill, Maner, P.S.-Maner, District-Patna a proprietorship firm through its proprietor Sri Dhaneshwar Sharma, son of Late Dhanukdhari Sharma, resident of village-Maner, P.S.- Maner, District-Patna. 5. M/s Ramnath Sharma Saw Mill, Maner, P.S.-Maner, District-Patna a proprietorship firm through its proprietor Sri Ramnath Sharma, son of Late Dhanukdhari Sharma, resident of Village-Maner, P.S.-Maner, District-Patna. 6. M/s Raju Vishwakarma Saw Mill, Byapur, P.S.-Maner, District-Patna a proprietorship firm through its proprietor Sri Raju Vishwakarma, son of Late Deosharan Mistri, resident of Village-Byapur, P.S.-Maner, District-Patna. 7. M/s Vijay Kumar Mistri Saw Mill, Byapur, P.S. Maner, District-Patna a proprietorship firm through its proprietor Nirmala Devi wife of Late Vijay Kumar Mistri, resident of Village-Byapur, P.S.-Maner, District- Patna. 8. M/s Ramesh Sharma Saw Mill, Maner, P.S.-Maner, District-Patna a proprietorship firm through its proprietor Sri Ramesh Sharma, son of Late Barhu Sharma, resident of Village-Maner, P.S.-Maner, District- Patna. 9. M/s Gopal Vishwakarma Saw Mill, Byapur, P.S.-Maner, District-Patna a proprietorship firm through its proprietor Sri Gopal Vishwakarma, son of Late Ram Swaroop Mistri, resident of Village-Byapur, P.S.- Maner, District-Patna. 10. M/s Sunil Sharma Saw Mill, Byapur, P.S.-Maner, District-Patna a proprietorship firm through its proprietor Sri Sunil Kumar Sharma, son of Late Ram Swaroop Mistri, resident of Village-Byapur, P.S.-Maner, District-Patna. 11. M/s Deo Prasad Vishwakarma Saw Mill, Maner, P.S.-Maner, District- Patna a proprietorship firm through its proprietor Sri Deo Prasad Vishwakarma, son of Late Roop Lal Vishwakarma, resident of Maner, P.S.-Maner, District-Patna. 12. M/s Sharma Saw Mill, Paliganj, P.S.- Paliganj, District-Patna a proprietorship firm through its proprietor Sri Ram Binay Mistri, son of Sri Lok Nath Mistri, resident of Paliganj, P.S.-Paliganj, District-Patna. 13. M/s Vikash Saw Mill, Nirakhpur, Paliganj, P.S.-Paliganj, District- Patna, a proprietorship firm through its proprietor Sri Vikash Singh son of Sri Girija Nandan Singh, resident of Nirakhpur, Paliganj, P.S.- Paliganj, District-Patna. 14. M/s Prakash Saw Mill, Lala Bhadsara, P.S. Dulhin Bazar, District- Patna, a proprietorship firm through its proprietor Sri Ravi Prakash, son of Sri Lal Pyare Singh, resident of Lala Bhadsara, P.S.-Dulhin Bazar, District-Patna. 15. M/s Rajiv Timber Works, Dulhin Bazar, P.S.- Dulhin Bazar, District- Patna a proprietorship firm through its proprietor Sri Jai Govind - 3 - Sharma, son of Late Indramal Mistri, resident of Dulhin Bazar, P.S.- Dulhin Bazar, District.-Patna. 16. M/s Surendra Kumar Sharma Saw Mill, Darveshpur, Byapur, P.S.- Maner, District-Patna, a proprietorship firm through its proprietor Sri Surendra Kumar Sharma, son of Late Pitapati Sharma, resident of Darveshpur, Byapur, P.S.-Maner, District-Patna. 17. M/s Gaya Saw Mill, Digha, P.S.-Rajiv Nagar, District-Patna a proprietorship firm through its proprietor Sri Vijay Kumar Sharma, son of Late Ramdhari Sharma, resident of Rajiv Nagar, P.S. Rajiv Nagar, District-Patna. 18. M/s Sharma Ara Machine, Kanpa, P.S.-Rani Talab, District-Patna, a proprietorship firm through its proprietor Sri Umendra Sharma, son of Late Jutali Mistri, resident of Kanpa, P.S.-Rani Talab, District-Patna. 19. M/s Subash Saw Mill, Saidabad, P.S.-Rani Talab, District-Patna, a proprietorship firm through its proprietor Sri Sheo Janam Prasad, son of Late Moti Lal Yadav, resident of Saidabad, P.S.-Rani Talab, District-Patna. 20. M/s Arbind Saw Mill, Sati Asthan, Masaurhi, P.S.-Masaurhi, District- Patna, a proprietorship firm through its proprietor Sri Arbind Kumar, son of Late Lalji Mistri, resident of Sati Asthan, Masaurhi, P.S.- Masaurhi, District-Patna. 21. M/s Shankar Saw Mill, Anisabad, P.S.-Beur, District-Patna, a proprietorship firm through its proprietor Sri Sukhdeo Sharma, son of Late Teni Mistri, resident of Anisabad, P.S.-Beur, District-Patna. 22. M/s Kali Timber, Behind Police Station-Digha, District-Patna, a proprietorship firm through its proprietor Sri Gopal Pandey, son of Sri Umesh Pandey, resident of Digha Ghat, P.S.-Digha, District-Patna. 23. M/s Jehanabad Timber, Kankarbagh, P.S.-Kankarbagh, District-Patna, a proprietorship firm through its Power of Attorney holder Sri Ran Vijay Pandey, son of Late Chandrakant Pandey, resident of Kankarbagh, Bus Stand, P.S.- Kankarbagh, District-Patna. …….Petitioners. Versus 1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Govt. of Bihar, Sichai Bhawan, Secretariat, Patna. 2. The Principal Chief Conservator of Forest, Department of Environment and Forest, Government of Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna. 3. The Commissioner, Patna Division, Patna -cum- Chairman Selection Committee of Saw Mills, Patna, District-Patna. 4. The Conservator of Forest, Patna Circle, Patna., Nehru Nagar, District- Patna. 5. The Licensing Authority-cum-Divisional Forest Officer, Patna Forest Division, Patna, Nehru Nagar, District-Patna. …….Respondents. ----------- For the petitioner : M/s Mrigank Mauli & Vinay Mistry, Advocates. For the State : Mr. Iqbal Asif Niazi, A.C. to G.P. 4. -------- - 4 - 02/ 07.04.2011 Heard learned counsel for the petitioners and learned counsel for the State of Bihar and its authorities. 2. These writ petition have been filed by the petitioners challenging Resolution No.76/2007-2675 dated 30.08.2010 issued by the Department of Environment and Forest, Government of Bihar by which detailed guidelines were provided with regard to the preparation of Seniority List of saw mills and the closure of excess saw mills in the State of Bihar and challenging the seniority list of saw mills of the district concerned which was finalized by the Selection Committee and also challenging letters issued by the Licensing Authority-cum- Divisional Forest Officer, by which petitioners were asked to close down their saw mills within the specified time because their saw mills have been excluded from the seniority list of saw mills, failing which the legal action would be taken against them under the provisions of the Bihar Saw Mills (Regulation) Act, 1990 and for other ancillary reliefs. 3. The matter is a contested one and both the parties are raising their respective claims. Similar matter had arisen earlier in C.W.J.C. No.4207 of 2011 and the only difference between that case and the instant cases is that in the earlier case the father of the petitioner was the licensee whereas in the instant cases the petitioners themselves are the licensees. This fact hardly affects the merit of the case. In the said circumstances, these cases are also disposed of in terms of order dated 08.03.2011 passed in C.W.J.C. No.4207 of 2011. 4. The petitioners have got an alternative remedy and hence - 5 - they should prefer appeals against the impugned decisions taken by the District Level Committee. If such appeals are filed along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to filing of these writ petitions and shall decide the said appeals on merits expeditiously preferably within a period of four months thereafter. If appeals are filed as per the direction given above, the operation of the impugned orders shall remain stayed till disposal of the concerned appeals. Sunil (S. N. Hussain, J.)