← Library
Patna High CourtCWJC/1528/2020disposed

Jitendra Kumar v. The State Of Bihar

2022-09-20The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1528 of 2020 ====================================================== Jitendra Kumar Son of late Arjun Sharma, Resident of Village- Dobhi, P.S. Dobhi, District- Gaya.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Chief Conservator of Forest, Bihar, Patna. 3.

The Prescribed Officer-Cum-Conservator ofn Forest, Gaya Circle, Gaya. 4.

The Licensing Officer-Cum- Divisional Forest Officer, Gaya Forest Division, Gaya.

5.

Karu Mistri Son of late Ramchandra Mistri, Resident of Village- Mirchak, P.S. Gurua, District- Gaya.

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

For the Petitioner/s :

Mr. Mrigank Mauli, Sr. Advocate Mr. Vinay Mistry, Advocate For the Respondent/s :

Mr. Gajendra Prasad Yadav, SC-17 Mr. Raghwanand, G.A.-11 Mr. Nikhilesh Kumar, Advocate Mr. Suraj Narain Yadav, Advocate Mr. Raghwanand, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4 It is not in dispute that the petitioner is the son of the original license-holder. The impugned order dated 07.12.2019, passed by the Appellate Authority i.e. Prescribed Officer-cum-Conservator of Forest, Gaya Circle, Gaya in Appeal Case No. 3 of 2008 (Annexure-P/8, Page

55) does not deal with any one of the issues raised by the appellant. Also, before passing the order, no opportunity of

3/4 hearing was afforded.

As such, on this short ground alone, we quash and set aside the order dated 07.12.2019, passed by the Prescribed Officer-cum-Conservator of Forest, Gaya Circle, Gaya in Appeal Case No. 3 of 2008, (Annexure-P/8, Page

55) with a direction to the appellate authority to pass a fresh order, strictly in accordance with law, within a period of three months from the date of appearance of the petitioner along with a copy of this order.

Needless to add, the Appellate Authority shall pass a reasoned and speaking order, after granting adequate opportunity of hearing as also complying with the principles of natural justice.

Petitioner shall make himself available in the office of the Appellate Authority on 10th of October, 2022 at 10:30 A.M. along with a copy of this order. Also, petitioner shall fully cooperate in the proceedings and not take any unnecessary adjournment.

The instant petition stands disposed of in the aforesaid terms.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 23.09.2022 Transmission Date