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2025 DAILYLAW 29917 (CHH)

Kalyan Singh Chandrakar v. State of Chhattisgarh

WPC/2747/2019 · 2025-04-02

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:15425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2747 of 2019 1 - Kalyan Singh Chandrakar S/o Kishan Lal Aged About 53 Years R/o Paragaon Road Gariyaband, Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Secretary, Ministry Of Forest, Mahanadi Bhawan, Capital Complex, Naya Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Chief Conservator Of Forest Raipur Circle, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Collector Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh 4 - The Divisional Forest Officer Forest Division, Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh 5 - The Forest Ranger Area Circle, Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh. ---- Respondents For Petitioner : Ms. Nidhi Tiwari, Advocate holding the brief of Shri B.P. Sharma, Advocate. For Respondent /State : Shri Lav Sharma, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board SMT NIRMALA RAO -2- 02.04.2025 1. Heard on admission. 2. The petitioner has filed this petition seeking the following relief(s):- “i. That the Hon'ble Court may please to issue appropriate order/directing/issuing writ of appropriate nature for the quashment of the impugned order dated 11.07.2019 by the respondent authorities. ii. That the Hon'ble Court may please to issue appropriate order/directing/issuing writ in the nature of Mandamus commanding directing the respondent authority to take appropriate steps for granting the license or renewal of or to provide the response regarding government circular stating that there is no need of license so that petitioner for the purpose of renewing the license un-heeded. iii. Any other order that may be deemed fit and just may also kindly be made including cost of the petition.” 3. Learned counsel for the petitioner would submit that an application was moved before the respondent authorities for the grant of a license to install a sawmill but till date, no decision has been taken. It is also stated that initially, the application moved by the petitioner was allowed and the license was granted. It is also argued that respondent No.4/The Divisional Forest Officer, canceled the license granted to the petitioner vide order dated 11.7.2019, which is contrary to the provisions of law. She would also submit that the impugned order may be quashed. 3 4. On the other hand, learned counsel for the State would submit that the order passed by respondent No.4 is appealable according to provisions of the Chhattisgarh Kashtha Chiran (Viniyaman) Adhiniyam, 1984. 5. Heard learned counsel appearing for the respective parties and perused the documents present on the record. 6. Taking into consideration the fact that the order impugned is appealable according to provisions of the Chhattisgarh Kashtha Chiran (Viniyaman) Adhiniyam, 1984, the petition is dismissed. However, the petitioner would be at liberty to avail the remedy available under the law, if so advised. 7. With the aforesaid observation(s), the petition is disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nimmi