Antique Glorious Industries Limited And ANR v. State Of West Bengal And ORS.

January 03, 2024 ARDR (10) WPA 11878 of 2023 Antique Glorious Industries Ltd. & anr.

Vs.

The State of West Bengal & Ors.

Adv. Samiran Mondal, Adv. Abhinaba Dan, ...for the petitioners.

Adv. Sirsanya Bandyopadhyay, Adv. Arka Kumar Nag, ...for the State.

The order passed by the Chief Conservator of Forest, Central Circle, Government of West Bengal on 23rd December, 2022 is assailed in the writ petition. Learned counsel for the respondents submits that the order is amenable to appeal under Section 59D of the Indian Forest Act, 1927 since the order is passed by the authority under Section 59A of the Act.

It appears that the order is amenable to appeal under Section 59D of the Indian Forest Act, 1927. In view of the above, the writ petition, being WPA 11878 of 2023 is dismissed, being not maintainable. However, the petitioners are at liberty to prefer an appeal against the order impugned before the concerned authority under Section 59D of the Act, in accordance with law. In the event the appeal is preferred within thirty days from date, the appellate court shall consider the appeal on merits without dismissing the same on the ground of limitation.

There shall however, be no order as to costs.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)