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Patna High CourtCWJC/12185/2021disposed

Madan Sah @ Madan Shah, v. The State Of Bihar

2022-01-06The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12185 of 2021 ====================================================== Madan Sah @ Madan Shah, Son of Vipat Sah @ Bipat Sah, Resident of Village-Dhanwatiya, Pipara Naurangiya, P.S.-Yogapatti, District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar.

2.

The Principal Secretary, Department of Forest and Environment, Bihar. 3.

The Divisional Forest Officer-cum-Authorized Officer, Forest Division-2, Bettiah, West Champaran.

4.

The Forester, Kotraha Range, West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 06-01-2022 Petitioner has prayed for the following relief(s):

2/4 and or for grant of any other appropriate relief or reliefs to the petitioner for which he may be found entitled to in the eye of law."

Learned counsel for the petitioner states that petitioner's appeal is pending consideration before the appropriate authority and petitioner shall be content if a direction is issued to the said authority, to consider and decide the same expeditiously, preferably within a period of three months.

Without expressing any opinion on merits of the

3/4 claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

The petition is disposed of in the following terms: (a) The petitioner shall make himself available before the Appellate Authority on 28.01.2022 on which date a date of hearing shall be fixed;

(b) Petitioner shall fully cooperate and not take any unnecessary adjournment;

(c) The officer shall pass an order assigning reasons within a period of three months thereafter;

(d) Liberty reserved to the petitioner to challenge the order, should the need so arise subsequently. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

4/4 recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 10.01.2022 Transmission Date