Piyush Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.185 of 2017 In Civil Writ Jurisdiction Case No.20449 of 2016 Himanshu Raj Son of Laxman Singh, Resident of Mohalla-Pali Road Mahabir Bigha, P.S.-Dehri District-Rohtas ... ... Appellant/s

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with Letters Patent Appeal No. 188 of 2017 In Civil Writ Jurisdiction Case No.20181 of 2016 Piyush Kumar Son of Mahendra Singh, Resident of Village-Rattu Bigha, P.S.- Dehri District-Rohtas ... ... Appellant/s

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with Letters Patent Appeal No. 189 of 2017 In Civil Writ Jurisdiction Case No.20501 of 2016

2/4 Raju Kumar Son of Ramsukh Singh, Resident of Mohalla- Fazalganj, P.S.- Sasaram,District-Rohtas.

... ... Appellant/s

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with Letters Patent Appeal No. 175 of 2017 In Civil Writ Jurisdiction Case No.20352 of 2016 Krishna Kumar Singh S/o Vishwanath Singh, R/o Village- Tendua Boaring, P.S.- Dehri, District- Rohtas.

... ... Appellant/s

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The Chief Conservator of Forest, Bihar, Patna. The Authorized Officer -cum- Divisional Forest Officer, Rohtas, Sasaram. The District Forest Officer, Rohtas at Sasaram. The Range Officer, Sasaram Forest area at Sasaram. The Forestor Tilauthu cum Darigaon, Forest Circle, District- Rohtas. with Letters Patent Appeal No. 186 of 2017 In Civil Writ Jurisdiction Case No.20383 of 2016 Gurudwar Singh Son of Jagdeo Singh Resident of Village--Suba Bigha, P.S.- Dehri, District-Rohtas ... ... Appellant/s

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3/4 Appearance :

For the Appellant/s :

Mr.Vipin Kumar 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 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

4/4 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