IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6913 of 2011 Sudama Saw Mill, Anjanpir Chowk, Hajipur through its authorized representative Shyam Nath Sharma, son of late Kuish Sharma, resident of Tangaul, P.O. +P.S. Hazipur, Distrtict Vaishali. … Petitioner Versus 1. The State of Bihar through the Secretary, Department of Forest and Environment, Government of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner, Muzaffarpur-cum-The Chairman of Saw Mill Selection Committee, Vaishali. 4. The Conservator of Forest, Siwan-cum-Member, Saw Mill Selection Committee, Vaishali 5. The Divisional Forest Officer, Saran at Chapra-cum-The Member Secretary, Saw Mill Selection Committee, Vaishali …. Respondents with C.W.J.C. No. 7125 of 2011 Ash Mohamad, son of late Md. Saleem, resident of village Mahdiya Badi, P.S. Bettiah, District West Champaran. … Petitioner Versus 1. The State of Bihar through the Secretary, Department of Forest and Environment, Government of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner-cum-The Chairman of Saw Mill Selection Committee, Tirhut Division, Muzaffarpur. 4. The Conservator of Forest, Champaran, Bettiah-cum-Member, Saw Mill Selection Committee, West Champaran 5. The Divisional Forest Officer, Champaran-cum-The Member Secretary, Saw Mill Selection Committee, West Champaran … Respondents with CWJC No.7128 of 2011 Prem Deo Sharma, son of late Ram Jamadar Sharma, resident of village Gahiri, P.S. Nautan, District West Champaran … Petitioner Versus 1. The State of Bihar through the Secretary, Department of Forest and Environment, Government of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner,-cum-The Chairman of Saw Mill Selection Committee, Tirhut Division, Muzaffarpur. 4. The Conservator of Forest, Champaran,Bettiah-cum-Member, Saw Mill Selection Committee, West Champaran 5. The Divisional Forest Officer, Champaran-cum-cum-The Member Secretary, Saw Mill Selection Committee, West Champaran … Respondents with CWJC No.7423 of 2011 M/s Deepak Timber Works, Sipra, Patna through its Proprietor Basant Sharma, son of late Gopi Sharma resident of Kankarbagh, P.O. + P.S. Kankarbagh, District Patna. … Petitioner Versus 1. The State of Bihar through the Secretary, Department of Forest and Environment, Government of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner, Patna-cum-The Chairman of Saw Mill Selection Committee, Patna 4. The Conservator of Forest, Patna-cum-Member, Saw Mill Selection Committee, Patna 5. The Divisional Forest Officer, Patna-cum-The Member Secretary, Saw Mill Selection Committee, Patna … Respondents with CWJC No.7429 of 2011 Vishwanath Sharma Saw Mill, New Road, Mahnar Vaishali through its authorized representative Manoj Kumar Sharma, son of Vishwanath Sharma, resident of New Road, P.O. +P.S. Mahnar, District Vaishali. …. Petitioner Versus 1. The State of Bihar through the Secretary, Department of Forest and Environment, Government of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner, Muzaffarpur-cum-The Chairman of Saw Mill Selection Committee, Vaishali. 4. The Conservator of Forest, Siwan-cum-Member, Saw Mill Selection Committee, Vaishali 5. The Divisional Forest Officer, Saran at Chapra-cum-The Member Secretary, Saw Mill Selection Committee, Vaishali … Respondents with CWJC No.7641 of 2011 Rajeshwar Sharma, son of Sudarshan Sharma, resident of village Khaira Tola, P.S. Nautan, District West Champaran … Petitioner Versus 1. The State of Bihar through the Secretary, Department of Forest and Environment, Government of Bihar, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Patna. 3. The Divisional Commissioner, -cum-The Chairman of Saw Mill Selection Committee, Tirhut Division, Muzaffarpur 4. The Conservator of Forest, Champaran, Bettiah-cum-Member, Saw Mill Selection Committee, West Champaran 5. The Divisional Forest Officer, Champaran-cum-The Member Secretary, Saw Mill Selection Committee, West Champaran … Respondents ----------- For the Petitioners : M/s Aditya Prakash Sahay, Manoj Kumar Sinha and Manoj Prakash, Advocates For the Respondents : M/s Rajesh Kumar, G.P. 8, Roy Shourabh Nath, A.C. to A.A.G. 6, Awadhesh Kumar Pandey, G.A. 9, G. K. Agrawal, G.A. 10 and Mrs. Nutan Sahay, A.C. to S.C. 1. ------ 02/ 02.05.2011 Heard learned counsel for the petitioners and learned counsel for the State of Bihar and its authorities. 2. All these writ petitions have been filed by the respective petitioners challenging the notification issued by the Department of Environment and Forest, Government of Bihar, by which criteria have been laid down to prepare seniority lists of saw mills as well as veneer mills, which, according to the petitioners, is in complete violation of the recommendations and orders of the Central Empowered Committee as well as the Hon’ble Supreme Court and the same is also violative of the constitutional mandate as guaranteed under Articles 14 and 301 of the Constitution of India and also challenging the seniority lists prepared by the Sawmill Selection Committees, which were prepared pursuant to the aforesaid Government Notification and further challenging the notices passed by the Licensing Officer-cum-the Divisional Officer, by which the petitioners were directed to close down their saw-mills as they were not included in the final seniority list. 3. Learned counsel for the petitioners submits that subject matters of these cases are exactly the same as were involved in the four writ cases bearing C.W.J.C. No. 5200 of 2011 and other analogous cases decided by this Court vide common order dated 05.04.2011 and hence a similar order is required to be passed in the instant cases also. 4. 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 case 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. 5. The petitioners have got an alternative remedy and hence 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 keeping in view the order of the Apex Court dated 30.01.2009 passed in WP(C) No. 460 of 2004 and other analogous cases as well as the decision dated 04.09.2009 taken in WP(C) No. 202 of 1995 (Annexures 4 and 5, respectively ) and the steps taken by the Government in the light of the said decisions. If such appeals are filed as per the direction given above, the operation of the orders impugned in these writ petitions shall remain stayed till disposal of the concerned appeals. MPS/ ( S. N. Hussain, J. )