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Patna High CourtCWJC/9370/2021dismissed

Anil Kumar Hemram v. The State Of Bihar

2022-04-11Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9370 of 2021 ====================================================== Anil Kumar Hemram Son of Lalan Hemram Village- Banvarsha, P.S.- Haweli Khargpur, Distt- Munger.

... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Government of Bihar, Nagar Bikas (Town Development), Patna, Bihar.

2.

The Secretary, Bihar Nagar Bikas Department, Patna, Bihar. 3.

The Commissioner, Munger, Bihar.

4.

The Collector, Munger, Bihar.

5.

Superintendent of District Magistrate, Kharagpur (Munger). 6.

Block Divisional Officer, (Kharagpur Block).

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Amrendra Kumar For the Respondents :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 11-04-2022 This writ application has been filed for restraining the respondents from including the villages Banvarsha and Rani Sagar within Kharagpur Nagar Parishad mainly on the ground that the said villages fall within notified forest area in terms of a notification issued by the State Government of Bihar under Section 21 of the Wildlife (Protection) Act, 1972. A counter affidavit has been filed on behalf of the State of Bihar, wherein the statement in the writ petition that the said villages fall within the notified forest area has been denied

Patna High Court CWJC No.9370 of 2021(6) dt.11-04-2022 2/2 on the basis of a report received from the Forest Officer dated 03.02.2022 (Annexure-R-4/4). In the said report dated 03.02.2022, it has been specifically mentioned that the two villages situate outside the notified forest area under Section 21 of the Act.

In such view of the matter, we do not find any merit in this application.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) Pawan/- U