Shashi Bhushan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2282 of 2016 In Civil Writ Jurisdiction Case No.12455 of 2016 ====================================================== Dharmendra Kumar son of Surendra Kumar resident of Village- Muzaffarpur, P.S.- Shahar, District- Bhojpur at Ara.
... ... Appellant/s
Versus
1.
The State Of Bihar 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. 2283 of 2016 In Civil Writ Jurisdiction Case No.12403 of 2016 ====================================================== Shashi Bhushan Singh Son of Dhudheshwar Singh resident of village - Muzaffarpur, P.S. - Shahar, District - Bhojpur at Ara. ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Forest Department, Govt. of Bihar, Patna 3.
The Divisional Fodrest Officer, Rohtas at Sasaram. 4.
The Forest Range Officer, Tilauthu, Rohtas at Sasaram. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 2389 of 2016 In Civil Writ Jurisdiction Case No.19318 of 2016 ====================================================== Bijendra Kumar Vimal Son of Dudheshwar Singh @ Sidheshwar Singh Resident of Village-Muzaffarpur, P.S.-Shahar, District-Bhojpur at Ara ... ... Appellant/s
Versus
1.
The State Of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna 2.
The District Magistrate, Rohtas at Sasaram 3.
The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest
Patna High Court L.P.A No.2282 of 2016(4) dt.15-03-2019 2/3 Division, Sasaram, District - Rohtas ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ambuj Nayan Chaubey 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
Patna High Court L.P.A No.2282 of 2016(4) dt.15-03-2019 3/3 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 appeals stand disposed of.
(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) Saif/ Jagdish/- U