IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4996 of 2010 1. Raja Ram Sharma S/O Late Shyama Sharma R/O Vill.- Purana Bhojpur, P.S.- Bhojpur, Distt.- Bhojpur Versus 1. The State Of Bihar Through Secretary Environment And Forest Department 2. The District Magistrate, Buxar 3. The Chief Forest Conservator Bihar, Patna 4. The Ban Pramandal Extension Officer Ara Bhojpur (Buxar), (Now, Divisional Forest Officer, Bhojpur Forest Division, Ara) ----------- 4 11.08.2011 Heard Mr. Kumar Malendu, learned counsel for the petitioner and Mr. Ujjwal Kumar Sinha, learned A.C. to A.A.G.11 for the State. The petitioner has filed the writ petition, being aggrieved by the order dated 06.02.2010 passed by the respondent No.4, the Divisional Forest Extension Officer, Ara, Bhojpur whereby the renewal of licence of the petitioner for running a Saw Mill under the provisions of the Bihar Saw Mills Regulation Act, 1990(hereinafter referred to as the “Act”) has been rejected. A counter affidavit was filed on behalf of the respondents mentioning therein that following the procedure as laid down in the resolution of the State Government in its Notification bearing Memo No. 2675 dated 30.08.2010, a provisional gradation list of Saw Mill for the District of Bhojpur was prepared on 13.09.2010 and name of the petitioner figured at Serial No.32 of the said list. It is stated that after considering the objections received in this regard, a final seniority list of Saw Mills for the District of Buxar was also prepared and placed at Annexure-C to the supplementary affidavit filed today and in which the name of the petitioner appears at Serial No.32. It is stated that the final 2 seniority list containing the name of the petitioner at Serial No. 74 has since been forwarded to the Central Empowered Committee, New Delhi, constituted under the orders of the Hon’ble Supreme Court passed in Writ Petition No. 202 of 1995, for its approval. A copy of the letter dated 15.06.2011 of the Deputy Secretary, Department of Environment and Forest, Government of Bihar addressed to the Principal Chief Forest Conservator, Bihar Patna containing the final seniority list is placed on record of the proceedings. It has been mentioned that the Divisional Forest Officer, Patna Division shall place the application of the State as enclosed in the letter dated 15.06.2011 before the Central Empowered Committee, New Delhi constituted in this regard for their approval. Although there is no doubt that the State has taken sufficient steps for preparation of the final list of the Saw Mills eligible for grant of licence under the Act and in which the name of the petitioner admittedly finds mention, the only concern of this Court is that whereas the provisional gradation list had been prepared as back as on 13.9.2010 and the final gradation list also having been prepared on 23.12.2010, it has taken almost six months thereafter to prepare a combined list of Saw Mills’ owner for its presentation before the Central Empowered Committee, New Delhi for its approval. Having regard to the intervening circumstances and developments that have taken place during the pendency of the writ petition the writ petition is disposed of with the direction to the Chief Conservator of Forest, Bihar, Patna to act pursuant to the recommendation forwarded to him by the Deputy Secretary, 3 Environment and Forest Department, Government of Bihar and seek approval on the list of Saw Mills as enclosed with the said letter from the Central Empowered Committee, New Delhi expeditiously so that the exercise so undertaken is not reduced to empty formality. With the aforesaid observation, the writ petition is disposed of. Bibhash (Jyoti Saran, J.)