Birendra Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2319 of 2016 In Civil Writ Jurisdiction Case No.18536 of 2016 ====================================================== Nand Lal Gupta Son of Suresh Gupta, resident of village - Amra Talab, Police Station Sasaram (M) , District - Rohtas ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar Patna 2.
The Divisional Forest officer - Cum - authorised Officer, Rohtas, Forest Division, Rohtas at Sasara 3.
The Forester, Tilauthu Range, Rohtas Sasaram ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 2316 of 2016 In Civil Writ Jurisdiction Case No.19704 of 2016 ====================================================== Shesh Nath Singh Son of Kedar Singh, resident of village - East Mohanbigha, Police Station - Dalmiya Nagar, District - Rohtas ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar Patna 2.
The Divisional Forest officer - Cum - authorised officer, Rohtas, Forest Division, Rohtas at Sasara 3.
The Forester, Tilauthu Range, Rohtas Sasaram ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 2320 of 2016 In Civil Writ Jurisdiction Case No.18822 of 2016 ====================================================== Sunil Kumar Son of Deo Narayan Singh, resident of Mohalla - Rajputana, P.O. P.S. Dehri, District - Rohtas ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar Patna 2.
The Divisional Forest Officer - Cum - Authorized officer, Rohtas Forest
2/4 Division, Sasaram, District 3.
The Forester, Tilauthu Cum Darigaon Foest Circle, District Rohtas ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 2317 of 2016 In Civil Writ Jurisdiction Case No.19398 of 2016 ====================================================== Birendra Kumar Son of Shiv Kumar Singh, resident of Mohalla - Sanath Bigha, Police Station - Dalmiyanagar, District - Rohtas ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar Patna 2.
The Divisional Forest Officer - Cum - authorised officer, Rohtas, Forest Division, Rohtas at Sasara 3.
The Forest Tilauthu, Rohtas ... ... Respondent/s with Letters Patent Appeal No. 2313 of 2016 In Civil Writ Jurisdiction Case No.12356 of 2016 ====================================================== Ramesh Sah son of Muni Sah resident of village - Lalganj, Police Station - Sasaram, District - Rohtas.
... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar Patna 2.
The Divisional Forest Officer-cum-Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.
3.
The Forestor Tilauthu, Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sanjay Kumar Tiwary For the Respondent/s :
Mr.Sarvesh Kr.Singh-Aag13 ======================================================
3/4 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 six weeks from the
4/4 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