A proprietorship firm challenged an impugned order holding an alternative remedy available via appeal. The court disposed of the writ application with liberty to file an appeal, granting protection from coercive action pending the appeal.
Liberty to file appeal within one month; no coercive action till appeal decided.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12467 of 2012
====================================================== M/S Krishna Mistri Saw Mill, Govindpur, Fatuhan, P.S- Fatuhan, DistrictPatna a proprietorship firm through its proprietor Krishna Mistri S/O Late Chatar Mistri Resident of Govindpur, Fatuhan, P.S- Fatuhan, DistrictPatna. .... .... 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 Divisional Forest Officer, Patna Forest Division, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Mrigank Mauli, Mr. Vinay Mistry, Advocates For the Respondents : Mr. Radhika Raman GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 26-07-2012 Learned counsels for the parties agree that against the impugned order, as contained in Annexure-6, petitioner has an alternative remedy by way of appeal under the law. In the circumstances, this writ application is disposed of with liberty to the petitioner to file its appeal before the Appellate Authority. If it does so within one month, no further coercive action shall be taken against it till appeal is decided. (Jayanandan Singh, J) B.T/-
M/S Krishna Mistri Saw Mill, Govindpur, Fatuhan, P.S- Fatuhan, DistrictPatna
The State Of Bihar, through the Principal Secretary, Environment & Forest Department, Government Of Bihar, Patna.
The Principal Chief Conservator of Forest, Bihar
The Divisional Forest Officer, Patna Forest Division, Patna.
Jayanandan Singh
As recorded by the court registry
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