Nand Kishor Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.70 of 2017 Civil Writ Jurisdiction Case No.4852 of 2016 Pawan Kumar Singh S/o Yamuna Singh, R/o Village- Kanchanpur, P.S.- Dehri, District- Rohtas.
The Chief Conservator of Forest, Bihar, Patna. The District Magistrate, Rohtas, Sasaram.
4.
The Authorized 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. Letters Patent Appeal No. 59 of 2017 Civil Writ Jurisdiction Case No.12991 of 2016 Anil Kumar Son of Suresh Singh, resident of Village- Admapur, P.S.- Sasaram M, District- Rohtas.
The Chief Conservator of Forest, Bihar, Patna. The District Magistrate Rohtas, Sasaram.
4.
The Authorized Officer-cum-Divisional Forest Officer, Rohtas Sasaram. 5.
The District Forest Officer, Rohtas at Sasaram. 6.
The Range Officer, Sasaram, Forest Area at Sasaram. 7.
The Forester Tilauthu-cum-Darigaon, Forest Circle, District- Rohtas.
2/5 Letters Patent Appeal No. 74 of 2017 Civil Writ Jurisdiction Case No.12712 of 2016 Shashi Kant Kumar son of Ram Prasad Singh, Resident of Village - Pranpur Mahrodh, P.S. - Dinara, District - Rohtas.
The District Magistrate, Rohtas at Sasaram.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas Letters Patent Appeal No. 29 of 2017 Civil Writ Jurisdiction Case No.14534 of 2016 Nitesh Ranjan @ Nitish Singh Son of Surya Bansh Singh, resident of village - Kanchanpur Rahulia, P.S. Sasaram (M) , District - Rohtas The District Magistrate, Rohtas, Sasaram The Divisional Forest Officer - Cum - Authorised Officer, Rohtas Sasaram Letters Patent Appeal No. 75 of 2017 Civil Writ Jurisdiction Case No.19959 of 2016 Nand Kishor Singh son of Hari Krishna Singh, Resident of MohallaCompany Sarai, Sasaram, P.S.- Sasaram, District- Rohtas. at present resident of Ali Nagar Mughalsarai, P.S.- Mughalsarai, District- Chandauli U.P.
3/5 The District Magistrate, Rohtas at Sasaram.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas Letters Patent Appeal No. 79 of 2017 Civil Writ Jurisdiction Case No.11767 of 2016 Santosh Kumar Singh Son of Hari Shankar Singh Resident of Village-Nimia, P.S.-Kochas, District-Rohtas The District Magistrate, Rohtas at Sasaram The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - R Letters Patent Appeal No. 60 of 2017 Civil Writ Jurisdiction Case No.13744 of 2016 Dwarika Yadav Son of Late Pokhan Yadav, resident of Village- Dharupur, P.S.- Bikramganj, District- Rohtas.
The Chief Conservator of Forest, Bihar, Patna. The District Magistrate Rohtas, Sasaram.
4.
The Authorized Officer-cum-Divisional Forest Officer, Rohtas Sasaram. 5.
The District Forest Officer, Rohtas at Sasaram. 6.
The Range Officer, Sasaram, Forest Area at Sasaram. 7.
The Forester Tilauthu-cum-Darigaon, Forest Circle, District- Rohtas.
4/5 Appearance :
For the Appellant/s :
Mr.Vipin Kumar 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. 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
5/5 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