Surya Nath Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2386 of 2016 Civil Writ Jurisdiction Case No.3626 of 2016 Shailendra Singh Son of Shyam Narayan Singh Resident of VillageKanchanpur, Police Station-Sasaram (M), District-Rohtas The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna , The District Magistrate, Rohtas at Sasaram.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas Letters Patent Appeal No. 2387 of 2016 Civil Writ Jurisdiction Case No.3981 of 2016 Manoj Kumar Singh Son of Dinanath Singh Resident of Village-Kanchanpur, Police Station-Sasaram (M), District-Rohtas The District Magistrate, Rohtas at Sasaram.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Letters Patent Appeal No. 2388 of 2016 Civil Writ Jurisdiction Case No.19433 of 2016 Subodh Kumar Son of Ram Prasad Singh resident of Village-Amara Talab, Police Station-Sasaram M District-Rohtas The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest
2/5 The Forester Darigaon Forest Range, District-Rohtas Letters Patent Appeal No. 17 of 2017 Civil Writ Jurisdiction Case No.20395 of 2016 Surya Nath Singh Son of Sri Ram Bilash Singh, resident of village P.O. Suara, Police Station - Dehri, District - Rohtas The Divisional Forest officer - Cum - Authorised officer, Rohtas, Forest Division, Rohtas at Sasara The Forester (Darigaon Forest) Range, District Rohtas Letters Patent Appeal No. 19 of 2017 Civil Writ Jurisdiction Case No.11781 of 2016 Rajni Kant Singh Son of Jamuna Singh, resident of village - Kaudi, Police Station Navi Nagar, District - Aurangabad and Environment, Bihar Patna The Divisional Forest Officer - Cum - authorised officer, Rohtas, Forest Division, Rohtas at Sasara The Forester, Tilauthu Range, Rohtas, Sasaram Letters Patent Appeal No. 22 of 2017 Civil Writ Jurisdiction Case No.3595 of 2016 Nagendra Singh Son of Ram Vachan Singh, Resident of Sharma Motors, Raigarh Chhatisgarh , At Present of village - Kanchanpur, Police Station - Sasaram (Model) District Rohtas
3/5 The State Of Bihar, through the Principal Secretary, Forest Department, Govt. of Bihar, Patna , The District Magistrate, Rohtas at Sasaram The Divisional Forest Officer - Cum - Authorised officer, Rohtas, Forest Division, Rohtas at Sasara Letters Patent Appeal No. 20 of 2017 Civil Writ Jurisdiction Case No.18534 of 2016 Nagendra Singh Son of Daroga Singh, resident of village - Balapur, P.O. Panjar, Police Station Karghar, District - Rohtas and Environment, Bihar Patna The Divisional Forest Office - Cum - Authorised officer, Rohtas, Forest The Forester Bikramganj Forest Range, District Rohtas Letters Patent Appeal No. 21 of 2017 Civil Writ Jurisdiction Case No.19491 of 2016 Kameshwar Sah @ Kameshwar Prasad Gupta Son of Late Jiut Sah, resident of village - Suara, Police Station Dehri, District - Rohtas The Divisional Forest officer - Cum - Authorised officer, Rohtas, Forest Division, Rohtas at Sasara The Forester, Tilauthu Range, Rohtas
4/5 Appearance :
For the Appellant/s :
Mr.Sanjay Kumar Tiwary For the Respondent/s :
Mr.Sarvesh Kumar 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 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
5/5 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