Raj Kumar Chaudhary vs The State Of Bihar
2022 Latest Caselaw 1087 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.3145 of 2020
     ======================================================

Raj Kumar Chaudhary, S/o Late Rajendra Chaudhary, Resident of Village- Mahua Mukundpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Forest and Environment Department, Bihar, Patna.

2. The Principal Chief Conservator of Forest Bihar, Patna.

3. The Conservator of Forest Siwan Anchal, Siwan.

4. The Divisional Forest Officer Saran Division, Saran at Chapra.

5. The Divisional Forest Officer Vaishali Division, Vaishali at Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Mukesh Kumar Jha, Advocate For the Respondent/s : Mr.Awanish Nandan Sinha (GP21) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 11-02-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

" 1.That this is an application for issuance of an appropriate writ, order or direction, directing the respondent concern to consider the case of petitioner for renewal of license of Saw Mill in the light of order dated 29.08.2013 passed by the conservator of Forest, Siwan Anchal, Siwan and renew his license or pass necessary order in accordance with law.

And for this the petitioner found to be Patna High Court CWJC No.3145 of 2020 dt.11-02-2022

entitled in the facts and circumstances of the case."

After the matter was heard for some time, learned

counsel for the petitioner, under instructions, states that

petitioner shall be content if a direction is issued to the authority

concerned to consider and decide the representation which the

petitioner shall be filing within a period of four weeks from

today for redressal of the grievance(s).

Learned counsel for the respondents 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 on the following

terms:-

(a) Petitioner shall approach the authority concerned

within a period of four weeks from today by filing a

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose

it of expeditiously by a reasoned and speaking order preferably

within a period of four months from the date of its filing along

with a copy of this order;

Patna High Court CWJC No.3145 of 2020 dt.11-02-2022

(c) The order assigning reasons shall be communicated

to the petitioner;

(d) Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

(f) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(g) 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;

(h) Liberty reserved to the petitioner to approach the

appropriate forum/Court, should the need so arise subsequently

on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All

issues are left open;

(j) The proceedings, during the time of current

Pandemic- Covid-19 shall be conducted through digital mode,

unless the parties otherwise mutually agree to meet in person i.e. Patna High Court CWJC No.3145 of 2020 dt.11-02-2022

physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

AFR/NAFR CAV DATE Uploading Date Transmission Date