Bharat Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5144 of 2014 ====================================================== Bharat Sharma Son of late Mundar Sharma, Resident of Katihar, P.SKatihar, District- Katihar. .... .... Petitioner

Versus

1. The State of Bihar.

2. Divisional Forest, Officer, Katihar Cum Licensing Authority under the Act (1990) .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranvijay Narain Singh For the Respondent/s : Mr. Gp-32 Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

24-09-2015 At the very outset, Sri Harish Kumar, learned Govt. Pleader - 32 has raised preliminary objection on the point of maintainability of the writ petition. He submits that against the order impugned, which has been passed by the licensing authority, there is statutory remedy available under the Indian Forest Act, 1927.

After noticing the objection, learned counsel for the petitioner makes a prayer for disposal of the writ petition so that the petitioner may avail statutory remedy.

In view of facts & circumstances, the writ petition stands disposed of with liberty to the petitioner to avail statutory remedy.

It goes without saying that if the petitioner approaches

Patna High Court CWJC No.5144 of 2014 (5) dt.24-09-2015 2/2 the authority concerned within a period of six weeks from today, the authority concerned may examine the application of the petitioner on its own merit and pass appropriate order in accordance with law.

The writ petition stands disposed of.

(Rakesh Kumar, J.) Anay U