Patna High CourtL.P.A/2355/2016disposed

Chandradeep Singh v. The State Of Bihar And ORS

2019-03-15The Chief Justice-,Justice Smt. Anjana Mishra4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2248 of 2016 Civil Writ Jurisdiction Case No.13479 of 2016 Surya Kumar Rai son of Late Hari Krishna Rai, Resident of Mohalla- 10/8. Ganpat Bangla Road, Kolkata West Bengal, At present residing at VillageAkauna, Police Station- Simari, District- Buxar Bihar. The State Of Bihar through the Principal Secretary, Forest Department, Govt. Of Bihar Patna , The Divisional Forest Officer-cum- Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas Letters Patent Appeal No. 2355 of 2016 Civil Writ Jurisdiction Case No.18952 of 2016 Chandradeep Singh son of Late Raja Ram Singh, Resident of Village- Gopi Bigha, Police Station- Dehri, District- Rohtas. The State Of Bihar, through the Principal Secretary, Forest Department,Govt. of Bihar Patna , The District Manager, Rohtas at Sasaram.

The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas Letters Patent Appeal No. 2354 of 2016 Civil Writ Jurisdiction Case No.18571 of 2016 Balwant Kumar @ Balwant Ray Mehta Son of Chandradip Singh, Resident of Village- Gopi Bigha Jamuhar, P.S. Dekhri District- Rohtas. The State Of Bihar, through the Principal Secretary, Forest Department, Govt. of Bihar Patna ,

2/4 The Divisional Forest Officer-Cum- Authorised officer, Rohtas Forest Division, Sasaram, District- Rohtas Letters Patent Appeal No. 2358 of 2016 Civil Writ Jurisdiction Case No.18473 of 2016 Satyendra Singh @ Satendra Singh Son of Ram Raj Singh, Resident of Village- Suba Bigha, P.S.- Dehri, District- Rohtas, At Present - C/o Kumar Pranay, Mirshikar Toli, Patna City, Patna.

The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar Patna , The Divisional Forest Officer-cum- Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas Letters Patent Appeal No. 2356 of 2016 Civil Writ Jurisdiction Case No.18731 of 2016 Dhirendra Kumar Singh son of Late Raja Ram Singh, Resident of VillageGopi Bigha, P.S.- Dehri, District- Rohtas. The State Of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna The Divisional Forest Officer-cum- Authorised Officer, Rohtas Forest Division, Sasaram, District- Rohtas Letters Patent Appeal No. 2351 of 2016 Civil Writ Jurisdiction Case No.18379 of 2016

3/4 Sanjay Prasad son of Keshaw Prasad, Resident of Village- Dhanpurwa New Area, Police Station-Sasaram, District-Rohtas The State Of Bihar through the Principal Secretary, Forest Department , Govt. of Bihar Patna , The Divisional Forest officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram District Rohtas Letters Patent Appeal No. 2382 of 2016 Civil Writ Jurisdiction Case No.18315 of 2016 Dhaneshwar Paswan son of Surya Banshi Paswan Resident of Village - Sita Bigha, Police Station - Sasaram (M), District - Rohtas. The State Of Bihar through the Principal Secretary, Forest Department Govt. of Bihar Patna , The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas Appearance :

For the Appellant/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr.Sarvesh Kr.Singh-Aag13 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-03-2019 Heard learned counsel for the parties.

It is pointed out that the issue raised in these appeals are now concluded by the decision of the Larger Bench vide

4/4 judgement dated 1st of November, 2018 that has been incorporated and followed by our Division Bench in the case of Baleshwar Roy Vs. State of Bihar & Ors, 2019 (2) BLJ 147. Consequently, in view of what has already been held, we dispose of these appeals with liberty to the appellants to approach the concerned District Magistrate for passing an appropriate order within six weeks provided the appellants furnish the security bond to the satisfaction of the District Magistrate, who shall pass the order in relation to the release or otherwise.

In the event the matter of confiscation is pending before the Divisional Forest Officer/Authorized Officer or before the concerned Secretary of the Department before whom the revision is pending they shall pass appropriate orders within six weeks from the date of production of a copy of this order. Accordingly, the appeals stand disposed of.

(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) Saif/Jagdish/- U