Atul Kumar Pandey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2359 of 2016 In Civil Writ Jurisdiction Case No.13713 of 2016 ====================================================== Chandan Kumar S/o - Mahendra Prasad Singh R/o Village - Chakanwa, P.S. - Indrapuri, District - Rohtas.
... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest , Govt. of Bihar Patna , 2.
The Chief Conservator of Forest Bihar, Patna. 3.
The District Magistrate, Rohtas, Sasaram.
4.
The Authrorized Officer Cum Divisional Forest Officer, Rohtas, Sasaram. 5.
The District Forest Officer, Rohtas, Sasaram. 6.
The Range Officer Sasaram Forest Area at Sasaram. 7.
The Forestor Tilauthu Cum Darigaon, Forest Circle, District - Rohtas. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 2288 of 2016 In Civil Writ Jurisdiction Case No.11687 of 2016 ====================================================== Atul Kumar Pandey son of Jit Narayan Pandey Resident of village and P.S. - Sasram, District-Rohtas ... ... Appellant/s
Versus
1.
The State Of Bihar, through the Principal Secretary, Department of Forest , Govt. of Bihar Patna , 2.
The District Magistrate Rohas at Sasaram 3.
The Divisional Forest Officer- Cum- Authorised Officer, Rohtas Forest Division Sasaram, District Ro ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 2 of 2017 In Civil Writ Jurisdiction Case No.14396 of 2016 ====================================================== 1.
Anil Kumar Singh 2.
Santosh Kumar Singh Both Sons of Harihar Singh resident of Village Gijwahin, P.S. Sasaram (M), District - Rohtas.
Patna High Court L.P.A No.2359 of 2016(4) dt.15-03-2019 2/3 ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest , Govt. of Bihar, Patna ,l 2.
The District Magistrate, Rohtas at Sasaram.
3.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 3 of 2017 In Civil Writ Jurisdiction Case No.10772 of 2016 ====================================================== Upendra Sah Son of Gobardhan Sah resident of Village - Amari, P.S. Sasaram (M) District - Rohtas.
... ... Appellant/s
Versus
1.
The State Of Bihar,, through the Principal Secretary, Department of Forest Govt. of Bihar Patna , 2.
The District Magistrate, Rohtas at Sasaram.
3.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - R ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pankaj Kumar 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
Patna High Court L.P.A No.2359 of 2016(4) dt.15-03-2019 3/3 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