Babu Lal Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22254 of 2014 ======================================================

1. Babu Lal Mahto Son of Late Sitaram Mahto, Proprietor of New Bihar Timber Saw Mill, resident of village and Post - Kerwa Jhitki, P.S. Kurhani, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Regional Chief Conservator of Forest, Tirhut Forest Division, Muzaffarpur

3. The Divisional Forest Officer - cum - Licensing Authority, Tirhut Forest Division, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Respondent/s : AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-08-2015 In this case the petitioner has approached this court against the order of the licensing authority i.e. Annexure - "4" to the writ petition .

At the very outset, learned AC to GA No. 3 raises a preliminary objection on the point of maintainability of the writ petition. He submits that against the order of the licensing authority, there is statutory remedy of appeal under the provisions of the Bihar Saw Mills (Regulation) Act 1990. After objection being raised, learned counsel for the petitioner, makes a prayer for disposal of the writ petition, so that, petitioner may avail appropriate remedy.

Patna High Court CWJC No.22254 of 2014 (2) dt.13-08-2015 2/2 The prayer is allowed.

The writ petition stands disposed of with liberty as indicated above.

It goes without saying that the period consumed by the petitioner in pursuing the present writ petition i.e. from 23.12.2014 till date shall be excluded while considering the limitation matter.

(Rakesh Kumar, J) Praful/- U