Patna High CourtCWJC/17797/2008disposed

Munarik Mandal And ORS v. The State Of Bihar And ORS

2017-07-26Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17797 of 2008 ===========================================================

1. Munarik Mandal, son of Jhari Mandal, resident of Village- Sadanand Gram Sagahi, PO- Sagahi, P.S.- Gurua, District- Gaya.

2. Bhuneshwar Mandal, son of Sita Mandal, resident of Village- Rajan, PO- Rajan, PS-Gurua, District- Gaya.

3. Upendra Kumar, son of Hari Bhagat Singh, resident of Village- Basilpur Arwal, PO- Arwal, PS- Arwal, District- Arwal.

4. Brajesh Kumar, son of Dhaneshwar Sharma, resident of Village- Bali, POAdai, PS- Konch, District- Gaya.

5. Sakaldeo Bind, son of Ram Ratan Bind, resident of Village- Kaitha, Lodipur, PO- Nidhowa, P.S. Kurtha, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary -cum- Commissioner, Forest and Environment Department, Bihar, Patna.

3. The Principal Chief Conservator of Forest, Bihar, Patna.

4. The Forest Conservator, Gaya Division, Gaya.

5. The Divisional Forest Officer, Gaya Division, Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar, Adv. For the Respondent/s : Mr. Prashant Pratap, GP-2 Mr. Asit Kumar Jhaa, AC to GP-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 26-07-2017 Heard Mr. Shailesh Kumar, learned counsel appearing for the petitioners and Mr. Prashant Pratap, learned Government Pleader No.2 for the State.

Although the petitioners herein pray for regularization but considering the stand taken in the 2nd supplementary counter affidavit, no indulgence can be granted. While it is the admission of the petitioners present at paragraph 7 of the writ petition that they have worked for 240 days prior to 11.12.1990 in so far as the

Patna High Court CWJC No.17797 of 2008 dt.26-07-2017 subsequent period is concerned, it is mentioned in paragraph 5 of the 2nd supplementary counter affidavit that they have been intermittently engaged but not working since long. In the circumstances noticed no cause for indulgence is made out and the writ petition is accordingly disposed of. (Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01-08-2017 Transmission Date NA