Manoj Kumar Upadhaya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10347 of 2015 ====================================================== Manoj Kumar Upadhaya S/o- Paras Nath Upadhaya, R/o Village & P.O.- Aharauli, P.S.- Buxar, District- Buxar .... .... Petitioner

Versus

1. The State of Bihar through Secretary Forest and Environment Department Govt. of Bihar at Patna.

2. The District Magistrate, Rohtas at Sasaram

3. The Divisional Forest Officer cum Authorised Officer Rohtas, Sasaram. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : AC to GP - 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-08-2015 Heard Sri Uma Shankar Singh, learned counsel for the petitioner and learned A.C. to Govt. Pleader - 14. The petitioner, in the present writ petition, has prayed for directing the respondent i.e. respondent no. 2/District Magistrate, Rohtas, who is appellate authority, to finally dispose of Forest Appeal No. 13 of 2015. The petitioner has also made a prayer for directing for the provisional release of his vehicle, however; at the time to argument, learned counsel for the petitioner confines his prayer to the extent of directing the appellate authority i.e. respondent no. 2 to take final decision in the appeal.

In view of limited prayer made by learned counsel for

Patna High Court CWJC No.10347 of 2015 (2) dt.14-08-2015 2/2 the petitioner, the Court is of the opinion that without calling for any counter affidavit, the writ petition can be disposed of. Accordingly, it is disposed of with an observation that the appellate authority i.e. respondent no. 2 may take appropriate step so that Forest Appeal No. 13 of 2015 may be disposed of, preferably; within a period of four months from the date of receipt/production of a copy of this order.

(Rakesh Kumar, J.) Anay U