Patna High Court
Ziaul Arefin vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2608 of 2021
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Ziaul Arefin, Son of Late Faizul Arefin, Resident of New Down City
Restaurant, Gorakhnath Complex, East Boring Canal Road, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its, Principal Secretary, Department of
Environment and Forest, Government of Bihar, Patna
2. The Principal Chief Conservator of Forests, Department of Environment and
Forest, Government of Bihar, Patna.
3. The Additional Chief Conservator of Forests (Wildlife), Department if
Environment and Forest, Government of Bihar, Patna.
4. The Director, Ecology and Environment, Department of Environment and
Forest, Government of Bihar, Patna.
5. The Director, Sanjay Gandhi Biological Park, Patna, Department of
Environment and Forest, Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sumit Kumar
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 29-11-2021
The petitioner has prayed for the following relief/s :-
1.(a) For issuance of writ of certiorari
for quashing / setting aside the order dated
21.09.2020/09.10.2020 passed by learned
Principal Secretary, Department of Environment &
Forest, Government of Bihar contained in memo
no.1213 dated 14.10.2020 by which petitioner has
been directed to make the payment of 29,27,015/-
within 15 days failing which petitioner shall not
black-listed and shall not be allowed to participate
in forthcoming tender.
(b) To issue further writ of certiorari for
quashing / setting aside all the consequential
notifications / letters issued by the respondent on
Patna High Court CWJC No.2608 of 2021 dt.29-11-2021
the basis of order dated 21.09.2020/09.10.2020
passed by learned Principal Secretary, Department
of Environment & Forest, Government of Bihar
contained in Memo No.1213 dated 14.10.2020."
Learned counsel points out that despite the petitioner
having represented pursuant to the directions issued by this
Court in terms of order dated 27th of February 2020, passed in
CWJC No. 3333 of 2020 titled as Ziaul Arefin Vs. The State of
Bihar and Ors. (Annexure-3, Page 34), the appropriate authority
has not considered the petitioner's point of view in its correct
perspective and, as such, passed an order which is bordering
perversity.
The impugned order dated 9th of October 2020, passed
by the Principal Secretary, Department of Environment &
Forest, Government of Bihar, does not deal with the issue of
remission of charges for the period for which the park was
closed, be it on account of current pandemic Covid - 19
restrictions or development activities/water logging.
Well, these are all factual issues and, as such, we
allow the petitioner, as prayed for, to approach Respondent
No.5, namely, the Director, Sanjay Gandhi Biological Park,
Patna, Department of Environment and Forest, Government of
Bihar, Patna, pointing out all factual issues, enabling him to pass
a fresh order, independent of the impugned order dated 9th of
Patna High Court CWJC No.2608 of 2021 dt.29-11-2021
October, 2020.
Mr. Vikash Kumar, learned Standing Counsel-11
states that if such a representation is filed by the petitioner, the
authority concerned shall consider and dispose it of
expeditiously and preferably within a period of three months
from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
terms:-
(a) Petitioner shall appear before the Respondent
No.5, namely, the Director, Sanjay Gandhi Biological Park,
Patna, Department of Environment and Forest, Government of
Bihar, Patna on 13.12.2021 at 10:30 a.m. by filing a
representation for redressal of grievance(s);
(b) The authority concerned shall consider and dispose
it of expeditiously by a reasoned and speaking order preferably
within a period of three months from the date of its filing along
with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to take
Patna High Court CWJC No.2608 of 2021 dt.29-11-2021
recourse to such alternative remedies as are otherwise available
in accordance with law;
(e) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(f) Liberty reserved to the petitioner to approach the
Court, if the need so arises subsequently on the same and
subsequent cause of action;
(g) We have not expressed any opinion on merits. All
issues are left open;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sanjay
AFR/NAFR
CAV DATE
Uploading Date 02.12.2021
Transmission Date
