IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19985 of 2010 Purshottam Sharma & Ors Versus The State Of Bihar & Ors ----------- 02. 26.07.2011 Heard Ms. Sushmita Mishra, learned counsel appearing on behalf of the petitioners. There is no representation on behalf of the State and its functionaries. The petitioners who are four in number are aggrieved by absence of their respective names in the final seniority list of saw mills prepared for the district of Bhagalpur under order dated 23.10.2010 placed at Annexure-1 of the writ petition. Learned counsel for the petitioners contend that the petitioners had applied for grant of license and had also deposited the Licence fee and security deposits. It is stated that following the resolution of the State Government as contained in the Memo dated 30.08.2010 a provisional seniority list of saw mill was prepared and in which the name of all these four petitioners did figure. It is stated that thereafter a notice was issued under the signature of the respondent no. 3, the Divisional Forest Officer requiring the petitioners to be present with relevant documents and in pursuance thereof the petitioners did present themselves together with all the relevant documents. It is, however, submitted that the final seniority list dated 23.10.2010 has been prepared ignoring the candidature of the 2 petitioners and in violation of the relevant guidelines. It is in these circumstances that the present writ petition has been filed. It is not in dispute that the list so prepared is purported to have been made in pursuance of the resolution of the State Government in its Department of Environment and Forest contained in Memo dated 30.8.2010. Paragraph 2(iv) of the said resolution stipulates that the decision of the Committee would be final in the matter of preparation of the seniority list, however, the persons aggrieved by the decision of the Committee may prefer appropriate appeal before the concerned District and Sessions Judge. The final seniority list is dated 23.10.2010 and the writ petition was filed in this Court on 19.11.2010 i.e. well within the period of 30 days. In that view of the matter, the writ petition is disposed of with the liberty to the petitioner to file an appeal in terms of the provisions of Clause 2(iv) of the resolution of the State Government dated 30.8.2010. Any such appeal filed on behalf of the petitioners within a period of 30 days from today shall be construed to have been filed within the limitation prescribed under the Clause 2(iv) of the resolution and the learned District Judge would consider and dispose of the appeal on merits after affording due opportunity of hearing to the petitioner, expeditiously and preferably within a period of four months. S.Sb/- (Jyoti Saran, J.)