Md. Kalamuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2411 of 2016 ====================================================== Md. Kalamuddin S/o Md. Ghulam Ghaus R/o Village - Jamuhar, P.S. - Dehri, P.O. - Jamuhar, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Deptt. of Forest and Environment Govt. of Bihar Patna.

2.

District Magistrate, Rohtas.

3.

The Divisional Forest Officer, Rohtas.

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

For the Petitioner/s :

Mr. Sanjay Sinha Advt.

For the State :

Mr. Md. Raisul Haque SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 26-02-2019 Heard learned counsel for petitioner and the State. The petitioner has filed the instant writ petition seeking following reliefs:

"(1) Quashing of the order dated 30.10.2015 passed by District Magistrate, Rohtas, in Forest Conservation Appeal No. 75/2013 (ii) As a consequence also for quashing of the order dated 22.10.2013 passed in Confiscation case no. 35/2012(E) by Designated Officer-cum-Divisional Forest Officer, Rohtas."

Learned counsel for State submits that there is statutory remedy provided under Section 52B of the Indian Forest Act to the petitioner to file Revision against the order of the Appellate Authority.

This Court finds that petitioner has filed the instant writ petition without availing the statutory remedy of filing revision

Patna High Court CWJC No.2411 of 2016 dt.26-02-2019 2/2 before the competent authority in terms of Section 52 B of the Indian Forest Act.

Therefore, this writ petition is disposed off with direction to petitioner to file Revision under Section 52B of the Indian Forest Act within a period of one month from the date of this order. The competent authority will dispose of the revision application after affording opportunity of hearing to the petitioner and looking into the relevant documents within a period of three months from the date of filing of the revision petition.

It is made clear that limitation in filing of revision application will be considered by the Revisional Authority after looking into the fact that petitioner had earlier filed this writ petition in this Court.

(Sanjay Priya, J) shyambihari/- AFR/NAFR CAV DATE Uploading Date 6.3.2019 Transmission Date