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Shital Mistri vs The State Of Bihar
2022 Latest Caselaw 112 Patna

Citation : 2022 Latest Caselaw 112 Patna
Judgement Date : 4 January, 2022

Patna High Court
Shital Mistri vs The State Of Bihar on 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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