IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13904 of 2011 Deep Lal Prasad S/O Sri Hari Prasad, Resident of Village- Neknama, P.S. Sewaipatti, Distt. Muzaffarpur through its Power of Attorney Holder Bhageran Sahani, son of Late Gauri Chandra Sahani, Resident of At Harpul Lahauri, P.S. Ahiyapur, Distt. Muzaffarpur. …….Petitioner. Versus 1. The State Of Bihar through Commissioner-cum-Principal Secretary, Deptt. of Forest & Environment, Govt. Of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Deptt. of Forest and Environment, Bihar, Patna. 3. The District Level Committee Constituted Under Letter No. 2675 dated 30.08.2010 of the Department of Forest And Environment through its Chairman-cum-Divisional Commissioner, Tirhut Division, Muzaffarpur. 4. The Conservator of Forest, Tirhut Division, Muzaffarpur. 5. The Licensing Authority-Cum-Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur. ….. Respondents. ----------- For the petitioner : Mr. Alok Kumar Agarwal, Advocate. For the respondents ; Mr. Rakesh Ambastha, A. C. to A.A.G -15. ------- 03/ 25.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs: (i) To issue appropriate writ/(s) /order/direction quashing the Letter No.1769 dated 23.05.2011 issued against the petitioner whereby it was stated that the petitioner’s saw mill was not selected in the seniority list which was prepared in accordance with Government Notification No.2675 dated 30.08.2010 as was below in the seniority list; (ii) To issue an appropriate writ/(s)/order/directing the respondents authorities not to disturb the trade and business of the petitioner and for quashing the seniority list dated 07.01.2011 issued by respondents selecting the Saw Mills in purported exercise of power illegally and arbitrarily. (iii) To issue an appropriate writ for quashing the part of Circular bearing No.76/2007/2675/F.E. - 2 - dated 30.08.2010 issued by the Respondent no.1 laying down the criteria for selecting the seniority of the saw mills; (iv) To issue an appropriate writ/order/direction commanding the respondents to prepare fresh list of Saw Mills for the District of Muzaffarpur after re-examine the seniority as per the recommendation dated 11.06.2008 made by the Central Empowered Committee (hereinafter referred to as ‘CEC’) which was approved by Hon’ble Supreme Court of India; (v) To issue an writ appropriate writ/order/direction commanding the respondent to forthwith grant up-to-date renewed licenses to the petitioner after taking the renewal application forms with requisite renewal fee/late fee in accordance with the Bihar Saw Mills (Regulation) Act, 1990 (hereinafter referred to as ‘Act’) and the rules framed thereunder being Bihar Saw Mill (Regulation) Rules, 1993 (hereinafter referred to as ‘Rules’). (vi) To issue an writ appropriate writ/order/direction restraining the respondents from interfering in any manner with the saw mill business of the petitioner and to allow the petitioner to continue their business; (vii) To grant any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case. 3. The matter is a contested one and both the parties are raising their respective claims. Similar matter had earlier arisen in CWJC No.4207 of 2011 and the only difference between that case and the instant case is that in the earlier case the father of the petitioner was the licensee whereas in the instant case the petitioner himself is the licensee. This fact hardly affects the merit of the case. In the said circumstances, this case is also disposed of in terms of order dated 08.03.2011 passed in C.W.J.C. No.4207 of 2011. 4. The petitioner has got an alternative remedy and - 3 - hence he should prefer an appeal against the impugned decision taken by the District Level Committee dated 22.01.2011. If such an appeal is 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 this writ petition and shall decide the said appeal on merits expeditiously preferably within a period of four months thereafter. If the appeal is filed as per the direction given above, the operation of the impugned decision of the District Level Committee dated 22.01.2011 and its communication dated 23.05.2011 (Annexure-5) shall remain stayed till the disposal of the said appeal. Sunil (S. N. Hussain, J.)