1 2025:CGHC:54649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5858 of 2025 Rajkumar Patel S/o Late Shri Ganeshlal Patel Aged About 47 Years R/o Village Sapos, P.S. And Tehsil Dabhra, Distt. Sakti, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Forest And Climate Change, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - Divisional Forest Officer Sarangarh, Distt. Sarangarh- Bhilaigarh, Chhattisgarh. 3 - Sub Divisional Officer Forest Sub Division, Sarangarh, Distt. Sarangarh- Bhilaigarh, Chhattisgarh. --- Respondent(s) ____________________________________________________________ For Petitioner : Dr. Sudeep Agrawal, Advocate For State/Respondents : Mr. Satish Gupta, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 10/11/2025 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, this Hon’ble Court may kindly be pleased to call for the records of the case from the respondent authorities in the interest of justice. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.12 10:43:37 +0530 2 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities, especially respondent No.2 to decide the pending application dated 21.09.24 (Annexure P-4) for transfer of saw mill in the name of petitioner and to further decide the pending application dated 14.12.24 (Annexure P-5) for renewal of license of the saw mill within shortest possible time, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to quash the notice dated 11.09.25 (Annexure P-1) and the consequential proceedings of confiscation and sealing of saw mill initiated by the respondent authorities as being bad in law and against the provisions of Chhattisgarh Kashtha Chiran (Viniyam) Adhiniyam, 1984, in the interest of justice. 10.4 Any other relief or relief (s) which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for petitioner submits that at this stage, he is only pressing upon relief No.10.2. He submits that based on the notice further proceedings and action is still to be taken by competent authority, therefore, at this stage, he is not praying for relief clause No.10.3. 3. Learned counsel for petitioner submits that license to run saw mill is issued initially in favour of father of petitioner since 1979 and since then father of petitioner was running saw mill under the license issued in his name. Father of petitioner died on 27.03.2020, thereafter, petitioner has approached the authority to get the renewal of license and transfer of the license in the name of petitioner, however, the petitioner was advised to get the succession certificate in this regard, 3 upon which, petitioner has filed an application for grant of succession certificate, before the Court of competent jurisdiction; certificate was issued on 05.09.2022. Petitioner thereafter had submitted an application for transferring the saw mill in the name of petitioner (transfer the license in the name of petitioner) along with relevant documents including the succession certificate issued in favour of petitioner. However, no decision is taken in his application, thereafter, the petitioner has submitted an application in prescribed formate for change of name of petitioner in the license earlier executed in favour of his father, also to change the place of installation of saw mill as according to the amended directions and provisions, the saw mill is to be established 10 k.m. away from the forest area and for renewal of license. The application was filed on 04.12.2024, however, till date, no decision has been taken by the competent authority in the said application submitted in prescribed formate. Therefore, direction be issued to respondent No.2 and 3 to take decision on the pending application and to do the needful at the earliest within specified time. 4. Learned counsel for State submits that as petitioner is not pressing this writ petition on merit and is only seeking a direction to respondent No.2 and 3 to take decision on the pending application (Annexure P-5) he is having no objection to the limited prayer made by learned counsel for petitioner. If the application submitted by petitioner is still pending, it will be considered in accordance with law. 5. Considered the submission of learned counsel for respective parties and also perused the documents enclosed along with writ petition. 4 6. The grievance of petitioner as submitted before this Court and pleaded in Para 10.2 of writ petition is that petitioner’s application for transfer of license in name of petitioner, further permission to change the place of establishment of saw mill as also for renewal of license, which was expired after the death of father of petitioner in the year 2021, is pending consideration since 04.12.2024. 7. In the aforementioned facts of the case instead of keeping this writ petition pending seeking reply from the State authorities I find it appropriate to dispose of this petition at this stage directing respondent No.2 and 3 to take decision on the pending application (Annexure P-5) submitted by petitioner for transfer of saw mil/license in name of petitioner, its renewal and for further considering the prayer for change of place of establishment of saw mill, in accordance with law expeditiously preferably within further period of two months from the date of receipt of this order. It is ordered accordingly. 8. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram