Vinod Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.152 of 2017 In Civil Writ Jurisdiction Case No.12778 of 2016 ====================================================== Vinod Kumar Gupta Son of Sri Premchand Sah, Resident of Village Baijla, P.S. 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 Chief Conservator of Forest, Bihar, Patna. 3.

The District Magistrate, Rohtas at Sasaram.

4.

The Divisional Forest Officer, Rohtas at Sasaram. 5.

The District Forest Officer, Rohtas at Sasaram. 6.

The Officer-in-charge, Police Station Sanjhauli District Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Diwakar Prasad Singh 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 this appeal is 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 this appeal with liberty to the appellant to

Patna High Court L.P.A No.152 of 2017(3) dt.15-03-2019 2/2 approach the concerned District Magistrate for passing an appropriate order within six weeks provided the appellant furnishes 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 application stands disposed of. (Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Jagdish/-Saif U