Bijay Kumar Giri And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8308 of 2015 ===========================================================

1. Bijay Kumar Giri son of Late Ram Bachan Giri, Resident of Tumaria Tola, Ward No. 2, P.O. & P.S. Raxaul, District East Champaran, the Proprietor of M/s Garib Mazdoor Saw Mill having its place of business at Dhangarhwa, Parewa, P.O. & P.S. Raxaul, District East Champaran.

2. Surendra Prasad son of Sri Lal Sah, Resident of Ward No.1, At P.O. & P.S. Raxaul, District East Champaran, the Proprietor of M/s Sahu Timber Saw Mill having its place of business at Hawai Adda Road, Ward No. 2, At P.O. & P.S. Raxaul, District East Champaran.

3. Shesh Nath Gupta son of Late Yogendra Sah, Resident of Ward No.1, At P.O. & P.S. Raxaul, District East Champaran, the Proprietor of M/s Laxmi Saw Mill having its place of business Hawai Adda Road, At P.O. & P.S. Raxaul, District East Champaran.

4. Praveen Kumar @ Pradeep Kumar son of Late Rajendra Prasad, Resident of Ramgarhwa, P.S. Ramgarhwa, District East Champaran, the Proprietor of M/s Pradeep Saw Mill having its place of business at Main Road Ramgarhwa, P.S. Ramgarhwa, District East Champaran.

5. Reyaz Ahmad son of Abdul Raufe, Resident of Nauka Tola, Hardia Kothi, P.O. & P.S. Raxaul, District East Champaran, the Proprietor of M/s Reyaz Saw Mill having its place of business at Nauka Tola, Hardia Kothi, P.O. & P.S. Raxaul, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar, through Commissioner-cum- Principal Secretary, Department of Forest & Environment , Government of Bihar, Patna.

2. The Principal Chief Conservator of Forest, Department of Forest and Environment, Bihar, Patna.

3. The District Level Committee constituted under Letter no. 2675 dated 30.08.2010 of the department of Forest and Environment, through its Chairmancum-Divisional Commissioner, Tirhut Division, Muzaffarpur.

4. The Regional Chief Conservator of Forest, Tirhut Forest Division, Muzaffarpur.

5. The Licensing Authority-cum-Divisional Forest officer, Motihari Forest Division, District East Champaran.

6. The Ranger of Forest, Raxaul, District East Champaran. null null

7. The Forester, Raxaul, District East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Agrawal, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, S.C.-19 Mr. Suryakant Kumar, AC to SC-19 =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 08-06-2015

Patna High Court CWJC No.8308 of 2015 dt.08-06-2015 Heard learned counsel for the petitioners and the State. Petitioners are aggrieved by the order of the Divisional Forest Officer, Motihari Forest Division, Motihari bearing Memo Nos. 626, 632, 629, 628 dated 08.04.2015, Annexure-4 series, which according to the petitioners were served on them on 26.04.2015 whereafter they filed the present writ petition on 02.06.2015, but as the orders are appealable before the District and Sessions Judge, I am not inclined to entertain the writ petition, which is disposed of granting liberty to the petitioners to approach the Appellate Authority and Appellate Authority shall consider the request of the petitioners to condone the delay in filing the appeal in accordance with law. (V.N. Sinha, J.) Arjun/- U