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Patna High CourtL.P.A/206/2017disposed

Ravindra Kumar Singh v. The State Of Bihar And ORS

2019-03-15The Chief Justice-,Justice Smt. Anjana Mishra6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.199 of 2017 Civil Writ Jurisdiction Case No.356 of 2017 Sonu Kumar Singh Son of Krishna Singh Resident of Village- Kanchanpur, P.S.- Sasaram, District- Rohta.

The Chief Conservator of Forest, Bihar, Patna The District Magistrate Rohtas, Sasaram.

The Authorized Officer-cum- Divisional Forest Officer, Rohtas, Sasaram. The Range Officer Sasaram Forest area at Sasaram. The Forestor Tilauthu Cum Darigaon, Forest Circle District Rohtas. Letters Patent Appeal No. 201 of 2017 Civil Writ Jurisdiction Case No.741 of 2017 Kamlesh Kumar Yadav Son of Ramdhani Yadav resident of Mohalla - Shakchi, Jamshedpur, P.S. - Shakchi, District - Singhbhoom through Power of Attorney Holder - Suresh Yadav, Son of Ram Raj, Resident of Mohalla - Noorganj, Sasaram, P.S. - Sasaram, District - Rohtas The Range Officer Sasaram Forest Area at Sasaram.

2/6 Letters Patent Appeal No. 202 of 2017 Civil Writ Jurisdiction Case No.323 of 2017 Kamlesh Ray Son of Jokhan Ray resident of village - Takiya Bazar, P.S. - Sasaram, District - Rohtas.

The Forestor Tilauthu cum Darigaon, Forest Circle District- Rohtas Letters Patent Appeal No. 205 of 2017 Civil Writ Jurisdiction Case No.352 of 2017 Anil Kumar Son of Suresh Sah resident of village - Admapur Sasaram, P.S. - Sasaram, District - Rohtas.

Letters Patent Appeal No. 212 of 2017 Civil Writ Jurisdiction Case No.20432 of 2016

3/6 Sarvesh Kumar Ray Son of Ram Nath Ray resident of Village - Kauwadih, P.S. - Karghar, District - Rohtas.

Letters Patent Appeal No. 204 of 2017 Civil Writ Jurisdiction Case No.549 of 2017 Shravan Kumar Pandey Son of Late Shiv Pujan Pandey resident of village - Chotkamor, P.S.- Sasaram M, District - Rohtas. Letters Patent Appeal No. 203 of 2017 Civil Writ Jurisdiction Case No.327 of 2017 Uday Narayan Singh Son of Ramadhar Singh resident of village - Suba Bigha, P.S. - Dehri, District - Rohtas.

4/6 Letters Patent Appeal No. 206 of 2017 Civil Writ Jurisdiction Case No.516 of 2017 Ravindra Kumar Singh Son of Lalan Singh resident of village - Jamuhar, P.S. - Dehri, District - Rohtas.

Letters Patent Appeal No. 211 of 2017 Civil Writ Jurisdiction Case No.404 of 2017 Anil Kumar Son of Chandradev Singh resident of Mohalla - New Gangauli, P.S. - Dalmiya Nagar, District - Rohtas.

5/6 Letters Patent Appeal No. 200 of 2017 Civil Writ Jurisdiction Case No.344 of 2017 Anil Kumar Son of Suresh Sah Resident of Village- Admapur Sasaram, P.S.- Sasaram,District- Rohtas.

The District Magistrate Rohtas, Sasaram.

The Authorized Officer -cum-Divisional Forest Officer, Rohtas Sasaram. The District Forest Officer,Rohtas at Sasaram. The Range Officer Sasaram Forest area at Sasaram. The Forester Tilauthu-cum-Darigaon, Forest Circle, District- Rohtas. 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

6/6 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