Petitioners challenged orders denying benefit under a forest plantation scheme on the ground that the Divisional Forest Officer failed to follow the prescribed procedure of photographing the field where E.T.P. plants were planted. The court quashed both orders and directed the DFO to verify and pass a fresh order within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8017 of 2019
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Mishra, Advocate : Mr. Alok Abhinav, Advocate For the Respondent/s : Mr. Mithilesh Kr. Singh, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
6 26-02-2024 Heard Mr. Nityanand Mishra, along with Mr. Alok
Patna High Court CWJC No.8017 of 2019(6) dt.26-02-2024 2/3
and Mr. Mithilesh Kr. Singh, learned AC to SC-15 appearing on behalf of the respondent/s.
Patna High Court CWJC No.8017 of 2019(6) dt.26-02-2024 3/3
photograph to that effect to be produced by any of the officer of the Divisional Forest Officer to whom DFO assigns duty, then after such verification and giving due opportunity of hearing, he may pass a fresh order.
(Purnendu Singh, J.)
Ashishsingh/-
U
1 issue framed by the court
Whether the DFO's order rejecting verification of petitioners' planted E.T.P. plants was valid when the prescribed procedure of field photography was not followed.
Nira Devi @ Nira Ray
Jainendra Kumar Ray
Vibhuti Narayan Rai @ Bibhuti Narayan Ray
The State of Bihar through the Chief Secretary, Government of Bihar, Patna
The Principal Secretary, department of Environment, Forest and Climate Charge, Government of Bihar
Shri Lal Babu Yadav
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
