Ramashankar Kunwar @ Ram Shankar ... vs The State Of Bihar
2023 Latest Caselaw 4183 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7215 of 2021
     ======================================================

Ramashankar Kunwar @ Ram Shankar Kumar S/o Ramsagar Kunwar @ Ram Sagar Kumar Resident of Village- Binodpur, Ward No.9, P.O. and P.S. and District- Begusarai, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Patna, Bihar.

2. The Principal Secretary Conservator, Secretariate, Patna, Bihar.

3. The Director, Forest Officer, Begusarai.

4. The District Magistrate, Begusarai.

5. The Sub-Divisional Officer, Begusarai.

6. The Circle Officer, Begusarai.

7. Panchayat Sachiv, Panchayat Binodpur, Block- Begusarai, District-

Begusarai.

8. The Mukhiya, Panchayat, Binodpur, Block- Begusarai, District- Begusarai.

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

For the Petitioner/s : Mr. Abhoy Kumar Kashyap, Adv. For the State : Mr. Raghwanand, GA 11 with Mr. Pratik Kumar, AC to GA 11 For the Resp. Nos. 7 & 8: Mr. Jai Prakash Singh, Adv. ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 31-08-2023

Heard Mr. Abhoy Kumar Kashyap, learned counsel

appearing on behalf of the petitioner and Mr. Pratik Kumar,

learned counsel for the State. Mr. Jai Prakash Singh, learned

counsel representing the private respondents No. 7 and 8.

2. The petitioner has filed the present writ application

seeking a direction and commanding the respondents to stop the

cutting of 150 tree of Mahogami without prior permission of

competent authority, as the private respondents are indulged in Patna High Court CWJC No.7215 of 2021 dt.31-08-2023

cutting and selling of the tree illegally.

3. A counter affidavit has been filed on behalf of

respondents No. 4 to 6 and with reference to the averments

made therein, submission has been made that pursuant to the

averments made in the present writ application, physical

verification was done by the Circle Officer, Begusarai and the

Programme Officer, MNREGA on 07.02.2022 and no evidence

was found regarding cutting and damaging of tree. Further the

villagers have also denied that such incidence has taken place.

In support of the aforesaid averment, a report has been brought

on record by way of Annexure-A.

4. Mr. Jai Prakash Singh, learned counsel

representing the private respondents has vehemently stated that

in fact by filing the present writ application, the petitioner is

trying to settle the personal vendetta against the private

respondents owing to election rivalry and if the petitioner has

any grievance against them he can file a proper complaint

before the proper authority but the present writ petition is not at

all maintainable.

5. Considering the submissions made on behalf of

the parties and taking note of the report of the Circle Officer and

the Programme Officer, MNREGA, this Court is not persuaded Patna High Court CWJC No.7215 of 2021 dt.31-08-2023

to proceed any further in the matter, the present writ application

stands disposed of. However, the petitioner shall be at liberty to

take any other recourse available under the law for ventilating

his grievance.

(Harish Kumar, J) Anjani/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          01.09.2023
Transmission Date       N.A.