IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6662 of 2009 SHAUKHIN SHARMA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: M/s Mrigank Mauli, Vinay Mistry, P.C.Agrawal For the State: Mrs. Nilu Agrawal, Advocate 2 24.6.2009 In the instant writ petition the petitioner seeks a direction to the respondent authorities to open his furniture business along with small size Saw Mill 18” diameter for manufacturing of wooden furniture which has been closed by the respondent no.3 Officer Incharge, Sandesh Police Station, Bhojpur. The petitioner is a small carpenter and is engaged in manufacturing and selling of furniture i.e. Palla, Chaukat, Window, Chair, Table, Palang etc. Learned counsel for the petitioner submits that pursuant to orders of Hon’ble Apex Court, the Empowered Committee of the State and the Central Empowered Committee have clearly taken the view that carrying on saw milling operation with an 18 inches circular blade is essentially a carpentry business and is outside the purview of licensing of saw mills. He further submits that in terms of section 25(a) of the Bihar Saw Mills (Regulation) Act, ordinary operation of carpentry, not involving saw mill or saw pit operation, is exempt from the provisions of the Act. Mrs. Nilu Agrawal, learned counsel for the respondents does not dispute the factual and legal aspect of the matter. She submits that the respondent authorities would verify whether the petitioner opened his small size Saw Mill 18” diameter for manufacturing of - 2 - KHAN wooden furniture. In view of the fact that the Hon’ble Apex Court as well as section 25(a) of the Act exempt ordinary operation of carpentry, not involving saw mill or saw pit operation, this court directs the respondent authorities to open the shop premises of the petitioner without any undue delay in order to enable him to assume his business. However, it would be open to respondent no.2 make an enquiry whether the instruments used by the petitioner would come within the purview of section 25(a) of the Act. In case the respondent no.2 proposes to set up an enquiry, due notice would be given to the petitioner. With the aforesaid observations and directions, this writ petition stands disposed. (S.P.Singh,J)