Research › Search › Judgment

Patna High Court · body

2008 DIGILAW 264 (PAT)

Ara Mill Sanrakshan Samiti, Bihar, Patna v. State Of Bihar

2008-02-07

NAVANITI PRASAD SINGH

body2008
Judgment 1. The learned counsel for the petitioner states that the present writ application relates to the running of an Ara Mill (Saw Mill). The same has been ordered to be closed on the ground that in the seniority list, as prepared by the State, it did not qualify to be permitted to continue. The learned counsel submits, with reference to various annexures to the writ application, that a recommendation was sent by the State to the Central Empowered Committee which was accepted by it and orders were passed by the Apex Court. The State Government them realizing that there were fundamental defects in the report as sent. It constituted a Committee which examined the matter all over again and found that proper data had not been collected in the manner as already before making the recommendation to the Central Empowered Committee. It, therefore, made further recommendations. The matter now is again before the Central Empowered Committee where the Ara Mill Association and different parties have again petitioned. The matter is as well before the Apex Court who would have to consider the matter once the matters are now decided by the Central Empowered Committee but what is clear is that the State, on its own, has come to a finding that it has yet to carry out a proper survey and finalize the seniority list accordingly. 2. In my view, till such time, the matters are finally settled by the State and approved by the Central Empowered Committee, it would be highly inequitous to permit saw mills of the petitioners to be closed down and dismantled. 3. In that view of the matter, these writ applications are adjourned sine die to be relisted on proper mentioning to be made by either of the parties after the Central Empowered Committee passes appropriate orders and/or the matter is put to rest by the Hon ble Supreme Court. 4. Let a copy of this order be given to the learned State Counsel.