A.K. Sanal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22759 of 2019 ====================================================== 1.

A.K. Sanal Kumar S/o Shri V. Kochukrishna Pillai Panackal Resident of Village- Paravoor (Part) District Kollam, Kerala 2.

V. Joy S/o Shri Vishwabraman @ G. Vishwambharan Bhagyalakmi Resident of Village- Puhankulam, District Kollam, Kerala. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, the State of Bihar, Patna 2.

The Principal Secretary Forest Department, the State of Bihar, Patna 3.

The Chief Wild Life Warden, the State of Bihar, Patna 4.

The Inspector General of Forest, the State of Bihar, Patna 5.

The Principal Chief Conservation of Forest, the State of Bihar, Patna, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemendra Prasad Singh, Sr. Adv.

Mr. Pramod Ban Bihari Singh, Adv.

For the Respondent/s :

Mr. Subodh Kumar Mishra, AC to GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-01-2020 Heard learned counsel for the petitioners as well as learned AC to GP-14.

Gone through the order impugned. From perusal of the order impugned, it is evident that irrespective of the fact that petitioners have earlier approached this Court and got an order dated 25.02.2019 under C.W.J.C. No. 3605 of 2019 (Annexure4) wherein they were given a liberty to approach before the competent authority, who was also directed to pass an order within three months, failed to respond whereupon, lastly the order impugned has been passed in absence of the petitioners. At the present moment, learned counsel for the petitioners has

Patna High Court CWJC No.22759 of 2019(3) dt.07-01-2020 2/2 challenged the finding which the petitioners could have by having their presence and so, the matter is remitted back to the Chief Conservator of Forest, Bihar, Patna after setting aside the order impugned fixing the date on 11.02.2020, on which date petitioners must have their physical presence, on which date the competent authority will hear and then pass appropriate order in accordance with law. Having absence of the petitioners on that date will deprive the petitioners from further relief. The instant petition is allowed in terms thereof. (Aditya Kumar Trivedi, J) rakhi/- U