Kishun Singh @ Shri Kisun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5260 of 2020 ====================================================== Kishun Singh @ Shri Kisun Singh Son of Mewa Singh Resident of VillageTodi, P.S.- Adhaura, District- Kaimur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Kaimur at Bhabua.

3.

The Divisional Forest Office-cum-Authorized Officer, Kaimur Forest Division, Bhabua, District- Kaimur.

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Respondent/s :

Mr.Awanish Nandan Sinha,GP-21 ====================================================== 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 : 11-02-2022 Petitioner has prayed for the following relief(s):-

2/4 After the matter was heard for some time, learned counsel for the petitioner states that petitioner's appeal being Forest Appeal No. 29 of 2019, titled as Kishun Singh Vs. The State of Bihar (Annexure-5, Page 39) is pending before the appellate authority and petitioner shall be content if a direction is issued for expeditious disposal of the same. Learned counsel for the respondents states that the appeal shall be considered and decided within a period of two months from the date of appearance of the petitioner before the Appellate Authority along with a copy of this order. Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall make himself available before the Appellate Authority on 28th of February, 2022; (b) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so

3/4 required and desired;

(d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment; (e) The Appellate Authority shall decide the appeal on merits, in compliance of the principles of natural justice; (f) The Appellate Authority shall pass a reasoned and speaking order, within a period of two months from the date of appearance of the petitioner before the Appellate Authority;

(g) Copy of the order passed by the Appellate Authority shall be supplied to the parties;

(g) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(h) We are hopeful that as and when petitioner takes 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; (i) We have not expressed any opinion on merits and all issues are left open;

(j) Liberty reserved to the petitioner to assail the order, before the appropriate forum, should the need so arise

4/4 subsequently.

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 15.02.2022 Transmission Date