Patna High Court
Pramod Chaudhary vs The State Of Bihar on 6 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12027 of 2021
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Pramod Chaudhary Son of Nathuni Chaudhary, Resident of Village -
Harpurwa, P.S.- Yogapatti, District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Forest and
Environment, Bihar.
2. The Principal Secretary, Department of Forest and Environment, Bihar.
3. The Divisional Forest Officer-Cum-Authorized Officer, Forest Division- 2,
Bettiah, West Champaran.
4. The Forester, Kotraha Range, West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binay Kant Mani Tripathi, Advocate
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)
(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 : 06-01-2022
Petitioner has prayed for the following relief(s):
Patna High Court CWJC No.12027 of 2021 dt.06-01-2022
and or for grant of any other
appropriate relief or reliefs to the
petitioner for which he may be found
entitled to in the eye of law."
Learned counsel for the petitioner states that
petitioner's appeal is pending consideration before the
appropriate authority and petitioner shall be content if a
direction is issued to the said authority, to consider and decide
the same expeditiously, preferably within a period of three
months.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty aforesaid. All
Patna High Court CWJC No.12027 of 2021 dt.06-01-2022
issues on facts and law are left open.
The petition is disposed of in the following terms:
(a) The petitioner shall make himself available before
the Appellate Authority on 28.01.2022 on which date a date of
hearing shall be fixed;
(b) Petitioner shall fully cooperate and not take any
unnecessary adjournment;
(c) The officer shall pass an order assigning reasons
within a period of three months thereafter;
(d) Liberty reserved to the petitioner to challenge the
order, should the need so arise subsequently.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
Patna High Court CWJC No.12027 of 2021 dt.06-01-2022
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
The petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 10.01.2022
Transmission Date
