M/S Pappu Saw Mill v. The State Of Bihar And ORS

Patna High Court CWJC No.10053 of 2015 dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10053 of 2015 =========================================================== M/s Pappu Saw Mill, Mokari, Arwal P.S. Arwal, District- Arwal a proprietorship firm through its proprietor Pappu Kumar son of Late Basudeo Mistri, resident of Mokari, Arwal P.S. Arwal, District- Arwal. .... .... Petitioner

Versus

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

2. The Principal Chief Conservator of Forest, Bihar, 4th Floor, Technology Bhawan, Bailey Road, Patna.

3. The Commissioner-cum-Chairman, Selction Committee of Saw Mills, Gaya Division, Gaya.

4. The Conservator of Forest, Gaya Circle, Gaya.

5. The Divisional Forest Officer, Aurangabad Forest Division, Aurangabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vinay Mistry, Advocate. For the Respondents : Mr. Uma Shankar, GP-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-04-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. At the very outset, learned counsel for the petitioner states that the seniority list issued by the Selection Committee of Saw Mills is amenable to appeal, in view of the orders of this Court in CWJC No. 6394 of 2011 in the following terms :- "5. The petitioners have got an alternative remedy and hence they should prefer appeals if they want to challenge the impugned decisions taken by the District Level Committees as has been provided in law. If such appeals are filed along with a copy of this order as well as interlocutory applications for condoning the delay,

Patna High Court CWJC No.10053 of 2015 dt.27-04-2018 the appellate authority shall consider the delay caused due to filing of these writ petitions and shall decide the said appeals on merits expeditiously preferably within a period of four months thereafter keeping in view the order of the Apex Court dated 30.01.2009 passed in WP(C) No. 460 of 2004 and other analogous cases as well as the decision dated 04.09.2009 passed in WP(C) No. 202 of 1995 and the steps taken by the Government in the light of the said decisions. If such appeals are filed as per the direction given above, the operation of the orders impugned in these writ petitions shall remain stayed till disposal of the concerned appeals."

3. In the above view of the matter, this writ petition is disposed of in terms of the aforesaid order dated 03.05.2011 passed in CWJC No. 6394 of 2011.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.05.2018 Transmission Date N.A.