IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.124 of 2011 Milan Murari Saw Mill through its proprietor Murari Sharma, Son of late Bhushan Sharma, resident of Village- Harpur, P.S. and District- Banka. . . . . . Petitioner. Versus 1. The State of Bihar through the Secretary Bihar State Environment and Forest Department, Old Secretariat, Patna. 2. The Divisional Commissioner, Banka-cum-Chairman, Banka District Saw Mill Selection Committee. 3. The Divisional Forest Officer, Banka Forest Division -cum-Member Secretary, Banka District Saw Mill Selection Committee. 4. The Forest Conservator Bhagalpur –cum- Member, Banka District Saw Mill Selection Committee. . . . . . Respondents. ----------- 3/ 30.06.2011 The petitioner prays for direction to make amendment in the final seniority list of Saw Mills of Banka district dated 23.10.2010 and incorporate the name, as his firm name has figured in the provisional seniority list, in the light of Resolution No. 76/2007-2675 dated 30.08.2010 of the Bihar State Environment and Forest Department. The petitioner submits that he had applied for grant of license for running a Saw Mill in a prescribed format on 05.01.1994. The petitioner submits that the name of his firm figured in the provisional seniority list dated 13.09.2010. Leaned counsel submits that most probably, as there was a confiscation case pending against him, the name of the firm was not incorporated in the final seniority list. He submits that continuance of confiscation proceeding could not be a ground for non-inclusion of the name of firm in the final seniority list. Counsel for the State submits that it would appear from the resolution of the State Government that an appeal is provided before the learned District & Sessions Judge. 2 Heard learned counsel for the parties. In my view, the petitioner should have availed the forum of appeal first. However, I observe that if petitioner files an application for condonation of delay in the appeal, the same would be considered sympathetically. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)