M/S Jagdamba Saw Mill And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3881 of 2014 ===========================================================
1. M/S Jagdamba Saw Mill , Gopalpur - Sherghati, P.S. Sherghati, District - Gaya A Proprietorship Firm Through Its Proprietor Virendra Kumar Son Of Late Ram Briksha Singh Resident Of Mohalla - Gopalpur - Sherghati, P.S. - Sherghati, District - Gaya
2. M/S Tiryogi Saw Mill, Gopalpur - Sherghati, P.S. Sherghati, District - Gaya A Proprietorship Firm Through Its Proprietor Arbind Kumar Singh Son Of Late Ram Briksha Singh Resident of Mohalla - Gopalpur - Sherghati, P.S. - Sherghati, District - Gaya
3. M/S Birendra Saw Mill, Raniganj - Imamganj, P.S. Imamganj, District - Gaya A Proprietorship Firm Through Its Proprietor Birendra Prasad Son Of Late Narayan Prasad Resident of Village - Raniganj - Imamganj, P.S. Imamganj, District - Gaya
4. M/S Sagar Saw Mill, Tankuppa, P.S. Tankuppa, District - Gaya A Proprietorship Firm Through Its Proprietor Sagar Malakar Son Of Sri Jhari Malakar Resident Of Village - Manpur - Kumhar Toli, P.S. Mufassil, District - Gaya
5. M/S Mahendra Saw Mill, Tankuppa, P.S. Tankuppa, District - Gaya A Proprietorship Firm Through Its Proprietor Mahendra Sharma Son Of Sri Bodhan Sharma Resident Of Village - Manpur - Kumhar Toli, P.S. Mufassil, District - Gaya
6. M/S Vishwakarma Saw Mill, Kurtha, P.S. Kurtha District - Arwal A Proprietorship Firm Through Its Proprietor Arun Mistri Son Of Sri Sidheshwar Mistri Resident Of Village - Nayansukh Bigha, P.S. Kurtha, District - Arwal .... .... Petitioners
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, Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna
3. The Commissioner-Cum-Chairman, Selection Committee of Saw Mills, Magadh Division, Gaya
4. The Conservator of Forest, Gaya Circle, Gaya
5. The Divisional Forest Officer, Gaya Forest Division, Gaya
6. The Divisional Forest Officer, Aurangabad Forest Division, Aurangabad .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. VINAY MISTRY, ADVOCATE For the Respondent/s : Mr. ANIL KUMAR, GP 23 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-01-2016 Heard learned counsel for the petitioners.
2. At the very outset learned counsel for the petitioners
Patna High Court CWJC No.3881 of 2014 dt.05-01-2016 fairly states that the seniority list issued by the Selection Committee of Saw Mills is amenable to appeal, in view of the orders of this Court in CWJC No. 6394 of 2011 in the following terms :- "5. The petitioners have got an alternative remedy and hence they should prefer appeals if they want to challenge the impugned decisions taken by the District Level Committees as has been provided in law. If such appeals are filed along with a copy of this order as well as interlocutory applications for condoning the delay, the appellate authority shall consider the delay caused due to filing of these writ petitions and shall decide the said appeals on merits expeditiously preferably within a period of four months thereafter keeping in view the order of the Apex Court dated 30.01.
2009 passed in WP(C) No. 460 of 2004 and other analogous cases as well as the decision dated 04.09.2009 passed in WP(C) No. 202 of 1995 and the steps taken by the Government in the light of the said decisions. If such appeals are filed as per the direction given above, the operation of the orders impugned in these writ petitions shall remain stayed till disposal of the concerned appeals."
3. In the above view of the matter, this writ petition is disposed of in terms of the aforesaid order dated 03.05.2011 passed in CWJC No. 6394 of 2011.
(Vikash Jain, J) Chandran U