Sarfuddin Khan @ Sarfuddin Kha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16323 of 2011 ====================================================== Sarfuddin Khan @ Sarfuddin Khan Majid Khan @ Abdul Aziz, Resident of Village- Phulwaria, Police Station- Pipra Kothi, District- East Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Department Of Forest, Government Of Bihar, Patna.

2. The Secretary Department Of Forest, Government Of Bihar, Patna.

3. The District Magistrate, Patna

4. The Divisional Fores Officer Extension Forest Division, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Prahlad Kr. Bhagat GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11 07-09-2018 Admittedly, the revisional order dated 31.05.2011 has been passed in Forest Revision Case No. 6 of 2008, not on merit but on account of the revision petition of the petitioner being time barred. This Court being vested with equitable jurisdiction under Articles 226 and 227 of the Constitution of India, has to balance out the equities, hence it would be in the interest of justice and equitable to quash the order dated 31.5.2011 passed in Forest Revision Case No. 6 of 2008 and remand the matter back to the revisional authority for consideration of the revision petition of the petitioner on merits.

The writ petition is allowed, the order dated 31.5.2011 passed in Forest Revision Case No. 6 of 2008 is quashed and the revisional Court is directed to consider the revision petition of the petitioner on

Patna High Court CWJC No.16323 of 2011 (11) dt.07-09-2018 2/2 merits and pass a reasoned order within a period of twelve weeks from today.

(Mohit Kumar Shah, J) BTiwary/- U