IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1737 of 2009 M/S NALANDA TIMBER, Patel Nagar, Hilsa, District- Nalanda, a Proprietorship firm through its proprietor Umesh Prasad s/o Kishori Prasad, resident of Mohalla- Patel Nagar, Hilsa, P.S. Hilsa, District- Nalanda . .....Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Environment & Forest Department, Govt. of Bihar, Patna. 2. The Principal Chief Conservator of Foresh,Bihar,Patna. 3. The Licensing Officer-cum-Divisional Forest Officer, Nalanda Forest Division, Biharsharif. with CWJC No.11127 of 2009 1. M/S BAJRANG SAW MILL, Murhadi, P.S. Babu Barhi, District- Madhubani, a proprietorship firm through its Proprietor Parween Kumar Singh s/o Maheshwar Prasad Singh, resident of village-Murhadi,P.S. Babu Barhi, District- Madhubani. 2. M/s Om Shanti Jai Gurudeo Saw Mill, Jainagar, P.S. Jainagar, District- Madhubani, a proprietorship firm through its Proprietor Prem Chand Jain s/o late Kamla Prasad Jain, resident of village- Jainagar, P.S. Jainagar, District- Madhubani. 3. M/s Deo Saw Mill, Behta, P.S. Benipatti, District- Madhubani, a proprietorship firm through its Proprietor Randhir Prasad Deo s/o late Yogeshwar Prasad Deo, resident of village- Behta, P.S. Benipatti, District- Madhubani. ...Petitioners. Versus 1. THE STATE OF BIHAR through the Secretary, Environment & Forest Department, Govt. of Bihar, Patna. 2. The Principal Chief Conservator of Foresh,Bihar,Patna. 3. The Licensing Officer-cum-Divisional Forest Officer, Mithila Forest Division, Darbhanga. with CWJC No.7410 of 2009 M/S GANESH SAW MILLS,KANKARBAG , P.S. Kankarbagh, District- Patna, a proprietorship firm through its Proprietor Vijay Prasad s/o Sri Vishwanath Prasad, resident of Kankarbagh, District-Patna. ...Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Environment & Forest Department, Govt. of Bihar, Patna. 2. The Principal Chief Conservator of Forest,Bihar,Patna. 3. The Licensing Officer-cum-Divisional Forest Officer, Patna, Forest Division,Patna . ----------- - 2 - 3 26.2.2010 A counter affidavit has been filed. Regrettably, the facts are not up to date. Petitioners had saw mill licenses ,which licenses were cancelled in the year 2004. The only reason for cancellation was that it did not figure in the seniority list , as prepared in relation to the number of license units to be permitted. As noticed in several cases, the seniority list itself is now not being acted upon and a fresh seniority list has been ordered to be prepared. The Central Empowered Committee has now recommended that except for unlicensed saw mill, other saw mills cannot be stopped from functioning. Even though the authorities are fully aware of this situation, they are not permitting the licensed saw mill to function. Petitioner is one of them. In view of the aforesaid, in my view, in such circumstances, petitioners cannot be restrained from working as saw mill or applying for renewal thereof and the authority cannot , for the reasons of the order of the Apex Court alone stop them from working as seniority list on basis of which they were disqualified itself is not being implemented. With the aforesaid observations and directions, the writ petitions stand disposed of. singh (Navaniti Prasad Singh,J)