Alakh Niranjan @ Alakh Niranjan Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.254 of 2017 In Civil Writ Jurisdiction Case No.528 of 2017 ====================================================== Ravindra Kumar Son of Kameshwar Singh, Resident of village - Amari, Police Station- Sasaram M , 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 - Authorised Officer, Rohtas, Forest Division, Rohtas at Sasara 4.
The Forester Tilauthu, Rohtas ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 233 of 2017 In Civil Writ Jurisdiction Case No.13891 of 2016 ====================================================== Ramesh Yadav Son of Ramraj Yadav Singh, Resident of Village- Nooranganj, P.S.- Sasaram, District- Rohtas at Sasaram.
... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna 2.
The Principal Secretary, Forest Department, Govt. of Bihar, Patna. 3.
The Divisional Forest Officer, Rohtas at Sasaram. 4.
The Forest Range Officer, Tilauthu, Rohtas at Sasaram. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 231 of 2017 In Civil Writ Jurisdiction Case No.13734 of 2016 ====================================================== Ganesh Prasad Singh Son of Ramdular Singh, Resident of VillageMathurapur, P.S.-Sanjhauli, District- Rohtas. ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna
2/4 2.
The Chief Conservator of Forest, Bihar, Patna. 3.
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. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 232 of 2017 In Civil Writ Jurisdiction Case No.12984 of 2016 ====================================================== Alakh Niranjan @ Alakh Niranjan Kumar Son of Bhola Prasad, Resident of Village- Rajpur, P.S.- Rajpur, District- Rohtas. ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Govt. of Bihar, Patna 2.
The Chief Conservator of Forest, Bihar, Patna. 3.
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 Foester Tilauthu-cum- Darigaon, Forest Circle, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :
(In Letters Patent Appeal No. 254 of 2017) For the Appellant/s :
Mr.Sanjay Kumar Tiwary For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13 (In Letters Patent Appeal No. 233 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kr.Singh-Aag13 (In Letters Patent Appeal No. 231 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13 (In Letters Patent Appeal No. 232 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13
3/4 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 six weeks from the
4/4 date of production of a copy of this order.
Accordingly, the appeals stand disposed of.
(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) Jagdish/-saif U