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Patna High CourtCWJC/69/2021allowed

Anil Kumar Motani @ Anil Motani, v. The State Of Bihar

2025-11-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.69 of 2021 ====================================================== 1.

Anil Kumar Motani @ Anil Motani, Son of Late Sita Ram Motani, Resident of Mohalla - Ujjain Tola, Police Station- Bettiah Town, District - West Champaran.

2.

Ashish Kumar, Son of Late Sita Ram Motani, Resident of Mohalla - Lal Bazar, Police Station - Bettiah Town, District - West Champaran at present 201, Kanika Maihar Apartment, Police Station- Kadamkuan, District - Patna, PIN - 800003.

3.

Smt. Madhu Motani, Wife of Late Ravi Motani, Resident of Mohalla - Lala Bazar, Police Station- Bettiah Town, District - West Champaran. 4.

Aditya Saurabh, Son of Late Ravi Motani, Resident of Mohalla - Lala Bazar, Police Station- Bettiah Town, District - West Champaran. 5.

Ms. Prachi Agarwal, Daughter of Late Ravi Motani, Resident of Mohalla - Lala Bazar, Police Station- Bettiah Town, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Forest, Government of Bihar, Patna.

2.

The Deputy Secretary, Department of Forest, Government of Bihar, Patna. 3.

The Chief Conservator of Forest, Government of Bihar, Patna. 4.

The Divisional Forest Officer cum Deputy Director, Valmiki Tiger, Bettiah Forest Division, Bettiah, West Champaran.

5.

Sri Amrish Kumar Mall, Divisional Forest Officer, Valmiki Tiger, Project Division- 1, Bettiah, West Champaran.

6.

Anchal Adhikari, Bairia Anchal, District - West Champaran. 7.

Ranger of Forest, Bettiah, West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. J.S. Arora, Sr. Advocate Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2025 Heard Mr. J.S. Arora, learned Senior Counsel for the petitioners and learned counsel for the State.

2. The short contention of Mr. Arora, learned Senior

Patna High Court CWJC No.69 of 2021(16) dt.25-11-2025 2/2 Counsel for the petitioners is that the matter has been disposed of by an officer who has not heard the matter pursuant to the direction of this Court. This fact has been admitted in para nos. 7 and 9 of the supplementary affidavit filed by the State.

3. In these circumstances, the application is allowed.

4. The impugned order dated 18.09.2019 issued under Memo No. 1295 dated 19.09.2019 passed by the then Divisional Forest Officer, Balmiki Tiger Bettiah Forest Division, Bettiah, West Champaran is hereby quashed.

5. The matter is remitted back for fresh hearing in accordance with law by the Divisional Forest Officer, Bettiah, who shall hear and dispose of the same within eighth weeks from the date of receipt/production of a copy of this order. (Sandeep Kumar, J) P. Kumar U