The State Of Bihar And ORS v. Kamla Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.414 of 2015 Arising out of Civil Writ Jurisdiction Case No. 14263 of 2014 Along with Interlocutory Application No. 1967 of 2015 And Interlocutory Application No. 1968 of 2015 ===========================================================

1. The State of Bihar through Principal Secretary Forest Department, Government 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, Sasaram.

6. The Range Officer Sasaram Forest Ara at Sasaram.

7. The Forestor Tilauthu Cum Darigaon, Forest Circle District- Rohtas. .... .... Appellant/s

Versus

Kamla Devi, W/o- Sudarshan Singh, R/o Village + P.O.- Dehri, District- Rohtas through power of Attorney Holder Babu Ram Shah, S/o- Late Ram Sunder Shah, R/o Village + P.O.- Kanchanpur, P.S.- Sasaram, District- Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. D.K.Sinha, Sr. Advocate. AAG-2 Mr. Abhinay Raj, AC to AAG-2 For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 16-05-2016 Re. Interlocutory Application No. 1967 of 2015 The application is for condonation of delay of 130 days in filing of the appeal.

Patna High Court LPA No.414 of 2015 dt.16-05-2016 2/3

2. For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 130 days in filing of the appeal is condoned.

3. Interlocutory Application stands disposed of. Re.: Letters Patent Appeal No. 414 of 2015 The challenge in the present Letters Patent Appeal is to a common order dated 05.09.2014 passed by the learned single Bench in CWJC No. 14263 of 2014 along with analogous writ petitions challenging the action of the Divisional Forest Officer against the seizure of their vehicles under the Forest Act, 1927. The learned single Bench has disposed of the writ petition and analogous writ petitions with a direction to the Divisional Forest Officer to release the respective vehicles subject to fulfillment of the conditions laid down in the said order.

2. Learned counsel for the appellant points out that Letters Patent Appeal No. 415 of 2015 arising out of one of the analogous cases, i.e., CWJC No. 13350 of 2014 stands dismissed on 19.05.2015.

3. Since the Letters Patent Appeal No. 415 of 2015 against the impugned order dated 05.09.2014 arising out of one of the analogous cases stands dismissed, the present Letters Patent Appeal

Patna High Court LPA No.414 of 2015 dt.16-05-2016 3/3 arising out of same order is also dismissed for the same reasons as recorded therein.

4. The Appeal is thus dismissed.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Sujit/P.Kumar U