Patna High CourtCWJC/2726/2017disposed

Upendra Sah v. The State Of Bihar And ORS

2017-11-24Mr. Justice Jyoti Saran6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2219 of 2017 Rajendra Singh, Son of Dharamdeo Singh, Resident of 85/40 officer Flat, Baily Road, Patna Government of Bihar, Patna

3. The Divisional Forest Officer - Cum - authorized officer, Rohtas Forest Division, Sasaram, District - Rohtas Civil Writ Jurisdiction Case No.2726 of 2017 Upendra Sah, S/o Goverdhan Sah, Resident of village - Amari, P.S. Sasaram, District - Rohtas

1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna

3. The Divisional Forest Officer - Cum - Authorised officer, Rohtas, Forest Division, Rohtas at Sasaram

4. The Forester, Darigaon, Rohtas Civil Writ Jurisdiction Case No.2728 of 2017 Umesh Kuamr Singh, S/o Laxami Singh, Resident of village - Inerpatpur, P.O. Pachrukhiya, P.S. Piro, District - Bhojpur

1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna

3. The Divisional Forest officer - Cum - authorised officer, Rohtas, Forest Division, Rohtas at Sasaram

4. The Forester, Darigaon, Rohtas Civil Writ Jurisdiction Case No.2960 of 2017 Sunil Kumar Singh, S/o Shyam Bihari Singh, Resident of Village- New Sidhwli, P.S.- Dalmiya Nagar, District- Rohtas.

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

and Environment, Bihar, Patna.

2. The District Magistrate, Rohtas at Sasaram.

3. The Divisional Forest Officer-cum-Authorixed Officer, Rohtas Forest Division, Rohtas at Sasaram.

4. The Forester Darigaon, Rohtas.

Civil Writ Jurisdiction Case No.2988 of 2017 Wakil Singh, S/o Sitaram Singh, resident of -baily Road Officer Flat, Patna, At Present Resident of Village-Tendue, Dusadhi P.S.-Dehri, DistrictRohtas.

1. The State of Bihar, through the Principal Secretary, Department, of Forest and Environment, Bihar, Patna.

2. The District Magistrate, Rohtas at Sasaram.

3. The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

4. The Forester Tilauthu, Rohtas.

Civil Writ Jurisdiction Case No.3319 of 2017 Sunil Kumar, S/o Late Fagu Singh, Resident of village - Karman Tola, Ara, P.S. Nawada, District - Bhojpur

1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna

3. The Divisional Forest Officer - Cum - authorised officer, Rohtas, Forest Division, Rohtas at Sasaram

4. The Forester Tilauthu, Rohtas Civil Writ Jurisdiction Case No.3438 of 2017 Pradeep Kumar Singh, Son of Late Parmeshwar Singh, Resident of 89 Salkiya Road, P.S.- Gulabiz, District- Hawrha. Government of Bihar, Patna.

2. The District Magistrate, Rohtas at Sasaram.

3. The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division Sasaram, District - Rohtas.

Civil Writ Jurisdiction Case No.4119 of 2017 Sohrab Aalam, son of late Ali Mullah, resident of village Nasriganj, P.S. Nasriganj, District Rohtas Government of Bihar, Patna

3. The Divisional Forest Office - Cum - Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas Civil Writ Jurisdiction Case No.4230 of 2017 Sanjay Kumar, Son of Bajrangi Shah, Resident of 06, Kalo Dehri, P.S. Sahar ( Chawari ), District - Bhojpur Government of Bihar, Patna

3. The Divisional Forest Office - Cum - Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas Civil Writ Jurisdiction Case No.4278 of 2017 Lakshmi Devi, Daughter of Suresh Choudhary, Resident of VillageChougain, P.S.-Murar, District-Buxar. Government of Bihar, Patna.

2. The District Magistrate, Rohtas at Sasaram.

3. The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District - Rohtas.

Civil Writ Jurisdiction Case No.9091 of 2017 Harendra Kumar Singh @ Harendra Singh Son of Sri Ramashish Singh Resident of Village- Tilai , P.S.- Sanjhauli, District- Rohtas.

1. The State of Bihar through the Director/ Secretary, Dept. of Mines and Geology ,Govt. of Bihar, Patna.

2. The Principal Secretary, Dept. of Forest and Environment of Bihar,

Patna.

3. The Divisional Forest Officer, Rohtas at Sasaram.

4. The District Forest Officer, Rohtas at Sasaram.

5. The Station Head Office, Dehri Town, P.S. District- Rohtas at Sasaram.

6. The Collector Rohtas at Sasaram.

Appearance :

(In CWJC No.2219 of 2017) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Gajendra Pd Yadav, SC17 (In CWJC No.2726 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Awanish Nandan Sinha, GP21 (In CWJC No.2728 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP14 (In CWJC No.2960 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Awanish Nandan Sinha, GP21 (In CWJC No.2988 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP14 (In CWJC No.3319 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Gajendra Pd. Yadav, SC17 (In CWJC No.3438 of 2017) For the Petitioner/s : Mr.

Rajani Kant Singh, Adv. For the Respondent/s : Mr. Chittranjan Sinha, PAAG2 (In CWJC No.4119 of 2017) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG13 (In CWJC No.4230 of 2017) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Awanish Nandan Sinha, GP21 (In CWJC No.4278 of 2017) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Raghwanand, GA11 (In CWJC No.9091 of 2017) For the Petitioner/s : Mr. Virendra Kumar Ray, Adv. For the Respondent/s : Mr. Md.Raishul Haque, SC10 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-11-2017 Heard learned counsel for the petitioners and the State.

appeals are pending before the appellate authority, who in the present matters would be the District Magistrate, Rohtas at Sasaram under the Indian Forest Act, 1927. It is the grievance of the petitioners that while disposal of the appeal is delayed, the vehicle stands confiscated which led to vagaries of weather and which ultimately rendered it obsolete by a delayed disposal. It is in these circumstances that these petitioners are come before this Court praying for a direction to the appellate authority i.e. the District Magistrate, Rohtas at Sasaram to dispose of the respective appeal expeditiously and in case of unwanted delay consider their prayer for provisional release of their vehicles.

for any reason not attributable to these petitioners the appeal is not disposed of within the period stipulated above, the appellate authority shall consider the prayer of the petitioners for provisional release of their respective vehicles which are subject matter of the proceeding and dispose of the same within four weeks thereafter in accordance with law.

With the observations/ directions aforementioned, the writ petitions are disposed of.

(Jyoti Saran, J) Surendra/- U