Chandeshwar Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13956 of 2023 ====================================================== Chandeshwar Prasad Sah Son of Late Jagarnath Sah Resident of Village-Karja Anant, P.S.-Karja District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Forest and Environment Department, Government of Bihar, Patna.

2.

The Divisional Forest Officer, Tirhut Ban Pramandal, Muzaffarpur. 3.

The Forest Range Officer, West. Muzaffarpur.

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Respondent/s :

Mr. Sarvesh Kumar Singh ( Aag 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2024 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Mr. Abhinav Alok, learned AC to AAG-13.

2. The present writ petition has been preferred for the following relief(s):

(i) for issuance of an order or orders, direction/directions, writ, including writ in the nature of certiorari, setting aside the order dated 08.08.2023. whereby the Forest Range Officer, West, Muzaffarpur sealed the saw mill of the petitioner, without giving him prior notice and without giving him a chance of hearing;

(ii) for issuance of an order or orders, direction/directions, writ, including writ in the nature of mandamus directing the respondents to open the saw mill of the petitioner and permitted him to run the said

Patna High Court CWJC No.13956 of 2023(2) dt.29-08-2024 2/2 mill accordingly;

(iii) for any other relief or reliefs to which the petitioner may be found entitled in the facts and circumstances of the case.

3. Learned State Counsel objected to the writ petition submitting that the licence is in the name of Jai Prakash Gupta who is not before this Court.

4. Learned counsel for the petitioner submits that it will suffice if he is allowed to approach the Divisional Forest Officer, Tirhut, Forest Division, Muzaffarpur against the order in question.

5. Granting said liberty and since the petitioner was agitating the matter before this Court, in case any petition is preferred by appropriate person against the order, the limitation petition shall be considered.

6. Taking into account the aforesaid facts, the writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U