Shivaji Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7925 of 2017 ======================================================
1. Shivaji Singh, S/o Sri Ramdeo Singh, resident of Village/MohallaChandani Chowk, Ward No. 11 Lakh, P.S. Buxar, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Environment and Forest, Bihar, Patna.
2. The Principal Secretary, Department of Environment and Forest, Government of Bihar, Patna.
3. The Chief Forest Conservator of Forest Bihar, Patna.
4. The District Magistrate, Rohtas, Sasaram.
5. The Authorized Officer cum Divisional Forest Officer, Rohtas, Sasaram.
6. The District Forest Officer, Rohtas, Sasaram.
7. The Range Officer, Sasaram, Forest Ara at Sasaram.
8. The Forester Tilauthu cum Darigaon, Forest Circle, District- Rohtas. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.7930 of 2017 ======================================================
1. Shivaji Singh, S/o Sri Ramdeo Singh, Resident of Village/MohallaChandani Chowk, Ward No. 11 Lakh, P.S. Buxar, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Environment and Forest, Bihar, Patna.
2. The Principal Secretary, Department of Environment and Forest, Government of Bihar, Patna.
3. The Chief Forest Conservator of Forest Bihar, Patna.
4. The District Magistrate, Rohtas, Sasaram.
5. The Authorized Officer cum Divisional Forest Officer, Rohtas, Sasaram.
6. The District Forest Officer, Rohtas, Sasaram.
7. The Range Officer, Sasaram, Forest Ara at Sasaram.
8. The Forester Tilauthu cum Darigaon, Forest Circle, District- Rohtas. .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.7925 of 2017) For the Petitioner/s : Mr. Alok Ranjan, Adv. For the Respondent/s : Mr. Dhurjati Kr. Prasad- GP-14 (In CWJC No.7930 of 2017) For the Petitioner/s : Mr. Alok Ranjan, Adv. For the Respondent/s : Mr. Awanish Nandan Sinha-GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-06-2017 Though, both the writ applications have been listed under
Patna High Court CWJC No.7925 of 2017 (2) dt.19-06-2017 2/3 the heading 'For Orders' but on the joint prayer of the learned counsels for the parties, both the writ applications are heard on merits to be disposed of at this stage itself. Heard learned counsel for the petitioner and learned G.P.-14 and 21 for the respondents.
The present writ applications have been filed for quashing the order dated 16.12.2014, passed in Forest Confiscation Case No. 93 of 2014(H), passed by respondent no.5, the Divisional Forest Officer cum Authorized Officer, Rohtas, Sasaram, whereby the seized truck along with loaded stone chips have been confiscated. Prayer has also been made for quashing the order dated 17.06.2015, passed in Forest Confiscation Appeal Nos. 06 and 07 of 2015 passed by District Magistrate, Rohtas, Sasaram whereby appeal has been dismissed and the order passed by the Divisional Forest Officer cum Authorized Officer, Rohtas, Sasaram has been affirmed.
The above mentioned orders have been challenged by the petitioner in Forest Revision Case Nos. 22 and 23 of 2015, which are pending before the Secretary, Environment and Forest Department, Government of Bihar since 06.07.2015, a statement to that effect has been made in para 14 of both the petitions, as a result, the petitioner is unable to file certified copy of the aforesaid
Patna High Court CWJC No.7925 of 2017 (2) dt.19-06-2017 3/3 orders in the present proceeding.
Since the petitioners are seeking same relief before two forums, the learned counsel for the petitioner confines his prayer only to the extent that the present writ applications may be disposed of with a direction to respondent no.2, the Secretary, Department of Environment and Forest, Government of Bihar, Patna for disposal of the Forest Revision Case Nos. 22 and 23 of 2015.
Learned G.P.-14 and 21 submit that they have no objection to the disposal of the writ applications in terms of aforementioned confined prayer of the counsel for the petitioner. In the circumstances, since the petitioner is seeking same relief before two forums, the present writ applications are disposed of with a direction to the Secretary, Department of Environment and Forest, Government of Bihar, Patna to dispose of the Forest Revision Case Nos. 22 and 23 of 2015, if the same have not already been disposed of, preferably within a period of eight weeks from the date of receipt/production of the copy of this order.
(Dinesh Kumar Singh, J) Amrendra/- U