Afsar Imam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24384 of 2013 ======================================================

1. Afsar Imam Son Of Late Abdul Salam Resident Of Mohalla- Baswaria, P.S.- Bettiah Town, District- West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Environment And Forest, Govt. Of Bihar, Patna

2. The Principal Chief, Conservator Of Forest, Bihar, Patna

3. The Chief Conservator Of Forest-Cum-Chief Wild Life Warden, Bihar, Patna

4. The Commissioner-Cum-Chairman, Ara Mill, Anusarwan Samiti, Tirhut Division, Muzaffarpur

5. The Collector-Cum-Chairman, District Anusarwan Samiti, West Champaran, Bettiah

6. The Conservator Of Forest-Cum-Field Director, Valmiki Tiger Project, Bettiah

7. The Divisional Forest Officer-Cum-Deputy Director, Valmiki Tiger Project, Division- 1, Bettiah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyavrat Verma For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-08-2015 Heard Sri Satyavrat Verma, learned counsel for the petitioner and Sri Anshuman Singh, learned GP No. 24. The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of an order which was passed on 27.1.2011 (Annexure14 to the writ petition) by the licensing authority i.e. respondent no. 7.

At the very outset, a preliminary objection was raised by learned counsel for the State that against the order impugned

Patna High Court CWJC No.24384 of 2013 (2) dt.07-08-2015 2/2 there was statutory provision of appeal and the petitioner by surpassing the statutory remedy has approached this court. On objection being raised, Sri Satyavrat Verma, learned counsel for the petitioner, makes a prayer for disposal of the present writ petition, so that, petitioner may avail statutory remedy.

The prayer is allowed.

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

It goes without saying that period consumed in pursuing the present writ petition i.e. from 5.12.2013 till date shall be excluded while considering the limitation matter. (Rakesh Kumar, J) Praful/- U