M/S Chauhan Stone Chips v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14179 of 2013 ====================================================== M/s Chauhan Stone Chips through its proprietor, Bikesh Kumar Singh Son of Shree Bachan Singh Resident of Village - East Bhelari, P.S. Natwar, District - Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Mines and Geology, Bihar, Patna

3. The Principal Secretary, Forest Department, Bihar, Patna

4. The District Magistrate, Rohtas

5. The Divisional Forest Officer, Rohtas

6. The Forest Ranger, Dorigaon, Rohtas .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Rajendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 8.

18-01-2016 Heard Sri Sanjeev Kumar, learned counsel for the petitioner and Sri Rajendra Prasad, learned counsel, who has appeared on behalf of respondent/Mines & Geology Department. The petitioner has approached this Court against an order passed by the Licensing Authority-cum-Divisional Forest Officer, Rohtas. Admittedly, the order impugned is appealable and the petitioner by-passing the statutory remedy has approached this Court.

Keeping in view the fact that the order impugned is appealable, as per statutory provision, the writ petition may not directly be entertained.

Patna High Court CWJC No.14179 of 2013 (8) dt.18-01-2016 2/2 The writ petition stands disposed of granting liberty to the petitioner to avail statutory remedy.

It goes without saying that the period consumed by the petitioner in pursuing the present writ petition i.e. from 25-07-2013 till today shall be excluded while considering the limitation matter by the authority concerned. (Rakesh Kumar, J.) Anay U