Citation : 2022 Latest Caselaw 112 Patna
Judgement Date : 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6637 of 2021
======================================================
Shital Mistri Son of Late Hari Mistri Resident of Village - Saur Dariyapur, P.S. - Warsaliganj, District- Nawada.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.
2. The Chairman of State Level committee for Wood - based Industries, Bihar, Patna, Bihar, Patna - cum- Principal Chief Conservator of Forest, Bihar.
3. The Licensing Officer-cum-Divisional Forest Officer, Nawada Forest Division, Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrigank Mauli, Sr. Advocate Vinay Mistry, Advocate For the Respondent/s : Mr. Awanish Nandan Sinha, G.P.-21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.6637 of 2021 dt.04-01-2022
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 petitioner's
representation dated 25.01.2019 (Annexure-P/3) within a time
bound period.
Learned counsel for the respondents states that
the petitioner's representation dated 25.01.2019 (Annexure-
P/3) shall be positively considered and decided expeditiously Patna High Court CWJC No.6637 of 2021 dt.04-01-2022
and preferably within a period of three months from the date
of presentation of a copy of this order before the authority
concerned.
Statement accepted and taken on record.
As such, petition stands disposed of in the
following terms:-
(a) Petitioner shall make himself available in the
office of Respondent No. 3 namely the Licensing Officer-
cum-Divisional Forest Officer, Nawada Forest Division,
Nawada on 17th of January, 2022 along with a copy of this
order;
(b) The said respondent shall consider and
dispose of the petitioner's representation dated 25.01.2019
(Annexure-P/3) expeditiously by a reasoned and speaking
order preferably within a period of three months from the date
of appearance of the petitioner before him along with a copy
of this order;
(c) Needless to add, while considering such
request, principles of natural justice shall be followed and
due opportunity of hearing afforded to the parties;
(d) Also, the reasoned and speaking order passed
by the appropriate authority shall be supplied to the parties;
Patna High Court CWJC No.6637 of 2021 dt.04-01-2022
(e) Equally, liberty is reserved to the petitioner to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(f) 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;
(g) Liberty reserved to the petitioner to challenge
the order before the appropriate forum, should the need so rise
subsequently;
(h) 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) Amrendra/KC Jha
AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date
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