Bundel Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4553 of 2020 ====================================================== 1.
Bundel Mistri Son of Late Raghu Mistri Resident of Village- Bedauli, P.S. Shakurabad, District- Jehanabad.
2.
Ravindra Kumar Son of Late Teju Sao Resident of Village- Shakurabad, P.S. Shakurabad, District- Jehanabad.
3.
Munna Ram Son of Late Haricharan Ram Resident of Village- Shakurabad, P.S. Shakurabad, District- Jehanabad.
... ... 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-cum-Chairman of State Level Committee for Wood-based Industries, Bihar, Patna. 3.
The Licensing Officer-cum-Divisional Forest Officer, Gaya Forest Division, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigank Mauli, Sr. Advocate Mr. Vinay Mistry, Advocate For the Respondent/s :
Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== 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 ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 14-02-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
2/5
3. After the matter was heard for some time, finding the Bench not to be agreeable with the submissions
3/5 made by learned counsel for the petitioners, learned counsel for the petitioners, under instructions, states that petitioners shall be content if a direction is issued to the authority concerned i.e. (Respondent No. 3, The Licensing Officer-cum-Divisional Forest Officer, Gaya Forest Division, Gaya) to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).
4. Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of one month from the date of its filing along with a copy of this order.
5. Statement accepted and taken on record.
6. As such, petition stands disposed of in the following terms:- (a) Petitioners shall approach the authority concerned i.e. Respondent No. 3, The Licensing Officer-cumDivisional Forest Officer, Gaya Forest Division, Gaya within a period of four weeks from today by filing a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
4/5 dispose it of expeditiously by a reasoned and speaking order preferably within a period of one month from the date of its filing along with a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioners;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) We are hopeful that as and when petitioners take 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;
(h) Liberty reserved to the petitioners to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action; (i) We have not expressed any opinion on merits.
5/5 All issues are left open;
(j) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;
7. The petition stands disposed of in the aforesaid terms.
8. Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 21.02.2022 Transmission Date