M/S Vijay Mistri Saw Mill And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9959 of 2018 ===========================================================
1. M/s Vijay Mistri Saw Mill, Bherhariya English, P.S.- Paliganj, District- Patna a proprietorship firm through its proprietor Vijay Mistri, son of Haricharan Mistri, resident of Village- Bherharia English, P.S. Paliganj, District- Patna.
2. M/s Sharma Saw Mill, Narhan, P.S. Bibhutipur, District- Samastipur a proprietorship firm through its Proprietor Keshav Kumar, Son of Rajkumar Sharma, Resident of Village- Narhan, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioners
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, Selection Committee of Saw Mills, Patna Division, Patna.
4. The Commissioner-cum-chairman, Selection Committee of Saw Mills, Darbhanga Division, Darbhanga.
5. The Conservator of Forest, Patna Circle, Patna.
6. The Conservator of Forest, Muzaffarpur Circle, Muzaffarpur.
7. The Divisional Forest Officer, Patna Forest Division, Patna.
8. The Divisional Forest Officer, Samastipur Forest Division, Samastipur. .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Vinay Mistry, Advocate For the Respondents : Mr. SARVESH KR. SINGH- AAG13 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the petitioners as well as learned counsel for the respondents.
2. At the very outset, learned counsel for the petitioners 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
Patna High Court CWJC No.9959 of 2018 dt.25-06-2018 2/2 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, 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.
B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 01.07.2018 Transmission Date N.A.