Ajay Choudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.45 of 2017 In Civil Writ Jurisdiction Case No.12834 of 2016 ====================================================== Ravi Kumar Patel Son of Ram Prasad Singh, Resident of Village- Pranpur Mahrodh, P.S.- Dinara, District- Rohtas.
... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna , 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. 35 of 2017 In Civil Writ Jurisdiction Case No.10246 of 2016 ====================================================== Ravi Kant Singh son of Brij Bihari Singh, Resident of Mohalla - Gaurakshani, Sasaram, Police Station - Sasaram, District - Rohtas. ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna , 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. 34 of 2017 In Civil Writ Jurisdiction Case No.9865 of 2016 ====================================================== Yogendra Kumar Singh son of Ram Niwas Singh, Resident of Village - Radhakhand, P.S. - Bhagwanpur, District - Kaimur, At present Resident of Plot No. 309, 310/2, Shiv Govardhan Lanka, Varanasi U.P.. ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna ,
Patna High Court L.P.A No.45 of 2017(3) dt.15-03-2019 2/3 2.
The District Magistrate, Rohtas at Sasaram.
3.
The Divisional Forest Officer-cum-authorised Officer, Rohtas Forest Division, Sasaram, District- Rohtas ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 7 of 2017 In Civil Writ Jurisdiction Case No.18323 of 2016 ====================================================== Ajay Choudhary son of L.T.B. Choudhary Resident of Village - Basantpur Chougai, Police Station - Chougai, District - Buxar, At present residing at Choubeypur, Varanasi Uttar Pradesh.
... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna , 2.
The District Magistrate, Rohtas at Sasaram.
3.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rajani Kant Singh For the Respondent/s :
Mr.Sarvesh Kumar 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.
Patna High Court L.P.A No.45 of 2017(3) dt.15-03-2019 3/3 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