IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11909 of 2006 1. MD.MUNIR KHAN @ Md. Monir Khan 2. Md. Nasir Khan. Both are sons of Mobin Khan, resident of village Mohammadpur Mathiya, P.S. Dariyapur, Distt. Saran (Chapra). . . . . . Petitioners. Versus 1. THE STATE OF BIHAR through the Secretary Cum- Commissioner, Department of Forest and Environment Govt. of Bihar, Old Secretariat, Patna. 2. The Principal Chief Conservator of Forest, Bihar, Bishwasaraiya Bhawan, Bailey Road, Patna. 3. The Licensing Authority-Cum-Divisional Officer of Forest Saran, Chapra. . . . . Respondents. ----------- 2/ 16.02.2010 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by order dated 30.03.2005 contained in letter no. 561 issued by the Licensing Authority-cum- Divisional Forest Officer, Saran at Chapra whereby he directed the petitioners to close their shop and dispose of the materials within two months. A copy of the aforesaid letter is annexed as Annexure-3. Learned counsel submits that it would appear from the aforesaid letter that the same was issued pursuant to the decision of Principal Chief Conservator of Forest, Bihar. Learned counsel submits that the impugned order is not sustainable in law for the reasons that in some of the cases mainly in C.W.J.C. No. 11209 of 2006 (Ara Mill Sanrakshan Samiti, Bihar, Patna & Ors. Vs. The State of Bihar and Ors) heard analogous with other cases, this Court restrained the respondents from taking any coercive steps against the petitioners thereof. The petitioners have also stated in their petition that they have already filed an appeal vide Misc. Appeal No. 24 of 2005 before District & Sessions Judge, Saran At Chapra. However, learned counsel submits that he has no instruction whether the same is - 2 - pending or not. Learned counsel for the State submits that the petitioners should pursue their remedy in appeal first, instead of moving this Court in writ jurisdiction. After hearing the counsel for the parties, the Interlocutory application no. 7067 of 2009 and this writ application are disposed of with a direction to the District & Sessions Judge, Saran at Chapra / Additional District & Sessions Judge, Saran at Chapra, in seisin, to dispose of the Misc. appeal preferably within a period of three months from the date of receipt of a copy of this order, and if not already disposed of. If petitioners are aggrieved by any order passed in Misc. appeal, it would be open to them to pursue their remedy available under the law. It would also be open to the petitioners to contend before the appellate authority / respondents concerned that their case is on similar footing as that of Ara Mill Sanrakshan Samiti, Bihar, Patna & Ors. Vs. The State of Bihar and Ors, as contained in Annexure-1 to the interlocutory application. With the aforesaid direction, this writ application is disposed of. Uday/ (Samarendra Pratap Singh, J.)