Rakesh Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.122 of 2017 Civil Writ Jurisdiction Case No.20185 of 2016 Sanjeev Kumar Singh Son of Rajendra Singh, resident of village - Jamuhar, P.S. Dehri, District - Rohtas The Authorized Officer - Cum - Divisional Forest Officer, Rohtas Sasaram Letters Patent Appeal No. 119 of 2017 Civil Writ Jurisdiction Case No.20242 of 2016 Ritesh Kumar Son of Mahendra Singh, resident of village - Suara, P.S. Dehri, District - Rohtas Letters Patent Appeal No. 123 of 2017 Civil Writ Jurisdiction Case No.20198 of 2016
2/5 Umesh Kumar Singh Son of Vishundev Singh, resident of village - Gopi Bigha, P.S. Dehri, District - Rohtas The District Forest Officer, Rohtas, Sasaram. Letters Patent Appeal No. 120 of 2017 Civil Writ Jurisdiction Case No.20222 of 2016 Uday Narayan Singh Son of Ramdhan Singh, resident of village - Jamuhar, P.S. Dehri, District - Rohtas The Authorized Officer - Cum - Divisional Forest Officer, Rohtas Sasaram The Range officer Sasaram Forest Area at Sasaram Letters Patent Appeal No. 126 of 2017 Civil Writ Jurisdiction Case No.20180 of 2016 Shiv Kumar Sahu Son of Late Ram Bahorik, resident of Mohalla - Krishna Nagar, Korba, P.S. Korba, District - Korba, Chhatisgarh, Through - Power of attorney holder Sushil Kumar Yadav, Son of Satendra Yadav, resident of village - Bhediya, P.S. Dehri, District - Rohtas
3/5 Letters Patent Appeal No. 121 of 2017 Civil Writ Jurisdiction Case No.20292 of 2016 Rakesh Singh Son of Kunwar Singh, resident of village - Sonadih, P.S. Karghar, District - Rohtas The Authorized Officer - Cum - Divisional Forest Officer, Rohtas, Sasaram The Range Officer Sasaram Forest Area at Sasaram Appearance :
(In Letters Patent Appeal No. 122 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13 (In Letters Patent Appeal No. 119 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13 (In Letters Patent Appeal No. 123 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13 (In Letters Patent Appeal No. 120 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13
4/5 (In Letters Patent Appeal No. 126 of 2017) For the Appellant/s :
Mr.Vipin Kumar Singh For the Respondent/s :
Mr.Sarvesh Kumar Singh- Aag13 (In Letters Patent Appeal No. 121 of 2017) 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 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
5/5 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) Jagdish/-Saif U