Dayanidhi Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.195 of 2017 In Civil Writ Jurisdiction Case No.13634 of 2016 ====================================================== Dayanidhi Singh Son of late Satya Deo Singh Resident of Saket Nagar, Sasaram CVT Construction Pvt. Ltd. Civil Lines, Sasaram Dist- 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 Division, Rohtas.
3.
The Forester Mahipur Range, Rohtas Sasaram ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 196 of 2017 In Civil Writ Jurisdiction Case No.14465 of 2016 ====================================================== Binay Kumar Singh Son of R.L. Singh Resident of Sanroxy K Bangala Raurkela Sundar Garh Orissa at Present Mohalla- Thakurbari Road Aurangabad P.S. District- Aurangabad.
... ... 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 Division, Rohtas.
3.
The Forester Mahipur Range, Rohtas Sasaram.
... ... Respondent/s ====================================================== Appearance :
(In Letters Patent Appeal No. 195 of 2017) For the Appellant/s :
Mr.Sabal Kumar Jha 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
Patna High Court L.P.A No.195 of 2017(3) dt.15-03-2019 2/2 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 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