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Patna High CourtL.P.A/252/2017disposed

Sunil Kumar Singh v. The State Of Bihar And ORS

2019-03-15The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.252 of 2017 In Civil Writ Jurisdiction Case No.782 of 2017 ====================================================== Sunil Kumar Singh Son of Deo Narayan Singh Resident of MohallaRajputana, P.O. P.S.-Dehri, 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 Superintendent of Police , Rohtas at Dehiri-on-Sone. 4.

The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram. null null ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Tiwary 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 approach the concerned District Magistrate for passing an

Patna High Court L.P.A No.252 of 2017(5) dt.15-03-2019 2/2 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