Patna High CourtCWJC/6673/2015allowed

Rakesh Kumar Singh v. The State Of Bihar And ORS

2015-05-13Mr. Justice Jyoti Saran44 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4671 of 2015 =========================================================== Umesh Kumar Singh @ Umesh Singh, son of Laxmi Singh, resident of villageInerpatpur (Interpatu), Police Station- Piro, District- Bhojpur at Ara. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Forest Department, Government of Bihar, Patna

3. The Superintendent of Police, Rohtas at Sasaram

4. The Divisional Forest Officer, Rohtas at Sasaram

5. The Forest Range Officer, Fazilpur, Rohtas at Sasaram .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 4969 of 2015 =========================================================== Atul Kumar Pandey @ Atul Pandey @ Chhotan Pandey, son of Jit Narayan Pandey, resident of 6 Company Sarai, Sasaram, P.S. - Sasaram(Model), District- Rohtas. .... .... Petitioner/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 Divisional Forest Officer-cum-Authorized Officer, Rohtas. Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5007 of 2015 =========================================================== Raju Kumar son of Late Ram Surat Singh, resident of Mohalla- Fazalganj, P.S.- Sasaram (Model), Distt. Rohtas.

.... .... Petitioner/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 Divisional Forest Officer-cum- Authorised Officer Rohtas. Forest Division Sasaram, Rohtas.

.... .... Respondent/s with

=========================================================== Civil Writ Jurisdiction Case No. 5161 of 2015 =========================================================== Atul Pandey @ Atul Kumar Pandey @ Chhotan Pandey, son of Jeet Narayan Pandey, Resident of Mohalla-Civil Lines, Near Sant Paul's School, P.S.- Sasaram(Model), District- Rohtas.

.... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5201 of 2015 =========================================================== Sanjeev Kumar Singh, son of Kamta Singh, resident of village-Rampur, P.O.- Khanethi, Police Station- Sonhan, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

2. The Divisional Forest Officer-cum-Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.

3. The Forester, Darigaon, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5230 of 2015 =========================================================== Rajesh Singh son of Awadhesh Singh, resident of village- Barun, P.S.- Barun, Distt.- Aurangabad, at present resident of Pali Road, Dehri-on-sone, Distt.- Rohtas. .... .... Petitioner/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 Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5236 of 2015 =========================================================== Manoj Kumar Pandey, son of Muktinath Pandey, resident of C-33/42 Chanua Chhitupur, Varanasi (U.P.). At present Resident of Mohalla-New Area, Jura Mandir, Dehri on Sone, P.S.- Dehri, District- Rohtas. .... .... Petitioner/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-Authorised Officer, Rohtas, Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5429 of 2015 =========================================================== Rakesh Kumar Rai, son of R.N.Rai, R/o 152/17 Hardat Rai Chamaria Road, P.O.- Hawraha, P.S.- Colabari Hawraha (West Bengal). .... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5442 of 2015 =========================================================== Pramod Kumar Singh, son of Sheo Nath Singh, resident of village- Lakshmipur, P.S.- Badahara, District- Bhojpur.

.... .... Petitioner/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-Authorised officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5449 of 2015 =========================================================== Pramod Kumar Singh son of Sheo Nath Singh, Resident of Mohalla- Laxmipur, P.S.- Badahara,District-Bhojpur, at Present resident of Chiraiyatand, P.S.- Kakarbhag, District- Patna.

.... .... Petitioner/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-Authorised Officer, Rohtas. Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5460 of 2015 =========================================================== Ravindra Kumar Singh son of Ram Bachan Singh, resident of village-Rudrapura, P.S.- Dehri, District- Rohtas.

.... .... Petitioner/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-Authorised Officer, Rohtas. Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5468 of 2015 =========================================================== Gopal Tiwari, son of Aneshwar Tiwari, resident of Flat No.43, Swinhoe Lane, Day Awanti Appar Kasba, Kolkata, G.P.O.- Kolkata, West Bengal. .... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5480 of 2015 =========================================================== Rajesh Kumar Singh son of Late Suryakeshwar Singh, resident of MohallaKuraich, Mahabir Asthan Sasaram , P.S. - Sasaram (Model), District- Rohtas. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Rohtas at Sasaram

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

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5488 of 2015 =========================================================== Surya Kumar Rai son of Late Hari Krishna Rai, resident of Mohalla - 10/8 Ganpat Nangla Road, Kolkata-7 at present resident of village- Akauna, P.S. - Simari, District- Buxar.

.... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5566 of 2015 =========================================================== Sonu Kumar Chaurasiya, S/o- Kalika Chaurasiya, R/o Village & P.O-Chilahari, P.S.- Dumrav, District- Buxer.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5592 of 2015 =========================================================== Jay Nath Singh S/o - Shri Nath Singh R/o Village- Madhuban Colliery, Nadkhurki Dhanbad, P.O. Dhanbad, P.S.- Dhanbad, Jharkhand. .... .... Petitioner/s

Versus

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

2. The Chief Conservator of Forest Bihar, Patna.

3. The District Magistrate, Rohtas at 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.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5619 of 2015 =========================================================== Anil Kumar @ Anil Kumar Gupta, son of Manik Chand @ Manik Chand Gupta, resident of Village- Baijala, P.S.- Sasaram (M), District- Rohtas and resident of Mohalla- Abhiyanta Nagar, Banker Colony, Danapur, District- Patna and at present Dumra, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Petitioner/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-Authorised officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5623 of 2015 =========================================================== Jay Nath Singh, S/o-Shri Nath Singh, R/o-Madhuban Colliery, Nadkhurki Dhanbad, P.O- Dhanbad P.S Dhanbad Dist. Dhanbad, Jharkhand. .... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5652 of 2015 =========================================================== Ajit Kumar, S/o- Late Ram Pravesh Singh, R/o- Ratu Road Piska more hehal, P.S.- Sukhdeo Nagar, District- Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5705 of 2015 =========================================================== Sardar Apanjeet Sigh S/o Surendra Singh R/o- QQ.5 Civil Township Rourkela, P.S.- Rourkela, District- Sundargarh, Orissa. .... .... Petitioner/s

Versus

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

2. The Chief Conservator of Forest Bihar, Patna.

3. The District Magistrate, Rohtas at 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 Forester, Tilauthu, cum Darigaon, Forest Circle District- Rohtas. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5706 of 2015 =========================================================== Civitech Construction Pvt. Ltd. Flat no. H/122, Deen Dayal Dhamrana through Power of Attorney Holder:- Ravi Shankar Singh, S/o- Lalit Vijay Singh, R/oRajputana Mohalla, Ward No.26 Dehri, P.S.- Dehri, District- Rohtas. .... .... Petitioner/s

Versus

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 eum Divisional Forest Officer Rohtas, Sasaram.

5. The District Forest Officer, Rohtas, Sasaram.

6. The Range Officer Sasaram Forest Ara at Sasaram.

Versus

1. The State of Bihar, through the 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 Forester, Tilauthu, Cum Darigaon, Forest Circle District- Rohtas. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5780 of 2015 =========================================================== Udai Singh @ Uday Narayan Singh son of Sri Shipujan Singh, resident of village Mahabir Asthan Kuraich P.S. Sasaram District Rohtas. .... .... Petitioner/s

Versus

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

2. The Chief Conservator of Forest, Govt. of Bihar, Ptna.

3. The Authorized Officer cum District Forest Officer Rohtas at Sasaram.

4. The Officer-in-charge, Sasaram (Town) Police station, District Rohtas at Sasaram.

5. The District Transport Officer, Sasaram (Rohtas). .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5849 of 2015 =========================================================== Shashi Ranjan Singh son of Sri Lallan Singh, resident of village Bheriya P.S.

Dehri-On-Sone, District Rohtas.

.... .... Petitioner/s

Versus

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

2. The District Magistrate cum Collector, Rohtas at Sasaram.

3. The Divisional Forest Officer cum Authorized Officer, Rohtas at Sasaram. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5895 of 2015 =========================================================== Ranjan Kumar S/o Rang Bahadur Singh R/o Village- Semrideo , P.S. - Karaghar, District- Rohtas.

.... .... Petitioner/s

Versus

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 Forest Tilauthu cum Darigaon, Forest Circle District- Rohtas. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5913 of 2015 =========================================================== Indrajeet Singh son of Late Rama Umed Singh, resident of village- Jamuhar, P.S. - Dehri, District- Rohtas.

.... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, Rohtas.

.... .... Respondent/s with

=========================================================== Civil Writ Jurisdiction Case No. 6005 of 2015 =========================================================== Jay Ram Kumar S/o Gopal Sah R/o Village- Amratalab, P.O.- Karwandiya, P.S.- Sasaram (M), District- Rohtas.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6011 of 2015 =========================================================== Dhanjee Singh S/o Raj Balam Singh R/o - House No. 390, Village & P.O.- Danwa , P.S. - Jagdishpur, District- Bhojpur.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6108 of 2015 =========================================================== Sukhari Chaudhary son of Ram Bachan Chaudhary, resident of Village and P.O.- Chaugain , P.S. - Murar, District- Buxar, At present resident of Village and P.O.- Bharauli, P.S.- Narhi, District- Baliya (U.P.). .... .... Petitioner/s

Versus

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

2. The District Magistrate Rohtas, Sasaram

3. The Divisional Forest Officer cum Authorised Officer Rohtas, Forest Divisiona, Sasaram, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6131 of 2015 =========================================================== Sonu Kumar Chaurasiya, S/o- Kalika Chaurasiya, R/o Village & P.O.- Chilahari, P.S.- Dumrav, District- Buxer.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6153 of 2015 =========================================================== Anup Kumar Singh, son of Sri Kishor Singh, resident of village- Bastipur, P.O.- Manikpur, P.S.- Dehri (Indrapuri), District- Rohtas. .... .... Petitioner/s

Versus

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

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

3. The Superintendent of Police, Rohtas at Dehri-on-Sone. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6305 of 2015 =========================================================== Jai Prakash Singh son of Mandal Singh, resident of Mohalla- Bind Toli, P.S.- Ara

Town, District - Bhojpur (Ara).

.... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6326 of 2015 =========================================================== Anju Agarwal W/o Anil Kumar Agarwal, R/o Station Road, Pali Road, Dehri, P.O. & P.S. - Dehri, District - Rohtas.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6344 of 2015 =========================================================== Gaya Singh son of Late Mangal Singh, resident of Mohalla- Station Road, Gaya, P.S.- Gaya, District- Gaya at present resident of village-Semradih, P.S.- Akorhigola, District- Rohtas .... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, Distt.- Rohtas .... .... Respondent/s

with =========================================================== Civil Writ Jurisdiction Case No. 6362 of 2015 =========================================================== Manoj Singh son of Gaya Singh Resident of House No. 128, Khan Bagan, Gara Basa, P.S. - Golmuri, District - Jamshedpur (Jharkhand). .... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, District - Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6378 of 2015 =========================================================== Narendra Singh S/o- Ram Naresh Singh, R/o Village-Fazalganj, P.O. + P.S.- Sasaram, District- Rohtas .... .... Petitioner/s

Versus

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-Disvisional 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 .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6380 of 2015 =========================================================== Aditya Raj S/o- Shyam Bihari Singh, R/o Village- Ward No. 6, P.O. + P.S.- Sasaram, District- Rohtas .... .... Petitioner/s

Versus

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-Disvisional 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 .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6442 of 2015 =========================================================== Pramatma Singh, Son of Late Shiv Pujan Singh, resident of village- 40/B officer flat Baily Road Patna, Police Station- Shashtrinagar, District - Patna Presently residing at Vill.- Gopi Bigha, P.S. - Dehri, Dist- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Forest Department, Government of Bihar, Patna

3. The Superintendent of Police, Rohtas at Sasaram

4. The Divisional Forest Officer, Rohtas at Sasaram

5. The S.H.O., Police Station- Dehri (Bhojpur), .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6452 of 2015 =========================================================== Suresh Singh S/o Late Shuklal Singh, resident of village-Surju Khap, P.S. Mali, District - Aurangabad.

.... .... Petitioner/s

Versus

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

2. The Divisional Forest Officer-cum-Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.

3. The Forester, Tilauthu, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6458 of 2015 =========================================================== Shailendra Chauhan, S/o Suresh Chauhan, R/o 41F Gali No. 3, Muslim Gali, South of Maszid, Patna, P.S. Digha, District-Patna .... .... Petitioner/s

Versus

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 .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6492 of 2015 =========================================================== Vinay Kumar Singh, S/o- Upendra Singh, R/o Village- Jamuhar, P.S.- Dehri, District-Rohtas.

.... .... Petitioner/s

Versus

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.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s

with =========================================================== Civil Writ Jurisdiction Case No. 6576 of 2015 =========================================================== Anuj Kumar S/o Arun Kumar R/o Village Karwandiya, P.S. Sasaram, District Rohtas.

.... .... Petitioner/s

Versus

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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6639 of 2015 =========================================================== Munna Kumar Singh son of Sudama Singh, resident of village-Hematpur, Police Station- Ara (Mufassil), District- Bhojpur at Ara Presently residing at Station Road fullanpur, Gazipur,Uttar Pradesh.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Forest Department, Government of Bihar, Patna.

3. The Superintendent of Police, Rohtas at Sasaram

4. The Divisional Forest Officer, Rohtas at Sasaram.

5. The S.H.O., Police Station-Dehri (Bhojpur), .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6645 of 2015 =========================================================== Chote Lal Singh S/o- Shyam Dutt Singh R/o Village- Suara, P.S.- Dehri, DistrictRohtas. .... .... Petitioner/s

Versus

1. The State of Bihar, through the 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. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6673 of 2015 =========================================================== Rakesh Kumar Singh. S/o Late Jagarnath Singh, resident of village- Suara, P.O.- Pahleja, P.S.- Dehri, District - Rohtas.

.... .... Petitioner/s

Versus

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

2. The Divisional Forest Officer-cum-Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.

3. The Forester, Tilauthu, Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6732 of 2015 =========================================================== Bindeshwari Prasad. Son of Late Jagan Sah, resident of village-Sheoganj, Bal Govind Bigha, P.S.- Dehri-on-Sone, District - Rohtas. .... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, District - Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6733 of 2015 =========================================================== Nand Lal Gupta, son of Suresh Sah, resident of village-Amra Tola, P.O.- Karwandia, P.S.- Sasaram, District - Rohtas.

.... .... Petitioner/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-Authorised Officer, Rohtas Forest Division, Sasaram, District - Rohtas.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 6796 of 2015 =========================================================== Santosh Singh S/o Ram Pravesh Singh R/o Village- Kanchanpur, P.S. - Sasaram (M), District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the 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. .... .... Respondent/s =========================================================== Appearance:

(In CWJC No. 4671 of 2015) For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate For the Respondent/s : Mr. Md. Raisul Haque, SC-4 Mr. Iqbal Asif Niazi, A.C. to SC-4 (In CWJC No. 4969 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. ARVIND KUMAR-1, SC-13 (In CWJC No. 5007 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. P.K. Singh, SC-12 (In CWJC No. 5161 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. SHEO SHANKAR PD. SC-10 (In CWJC No. 5201 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. AJAY BIHARI SINHA, SC-19 (In CWJC No. 5230 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. ASHOK KUMAR, SC-11

(In CWJC No. 5236 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. RAJ NANDAN PRASAD, SC-9 (In CWJC No. 5429 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. M.K. SINHA, SC-1 (In CWJC No. 5442 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mrs. Nivedita Nirvikar, GA-10 (In CWJC No. 5449 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. AJAY, GA-12 Mr. Sanjay Kumar, AC to G.A.-12 (In CWJC No. 5460 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Smt. NAMRATA MISHRA, GA-13 Mr. Shashi Shekhar Pd. Sinha, A.C. to GA-13 (In CWJC No. 5468 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. NAWAL KISHORE SINGH, SC-2 Mr.

Ajay Kumar Singh, AC to SC-2 (In CWJC No. 5480 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. KUMAR ALOK- SC8 (In CWJC No. 5488 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. PARTHA SARTHI, GA-11 (In CWJC No. 5566 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. U.S.S. Singh, GP-1 (In CWJC No. 5592 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. DIN BANDHU SINGH, GP-9 (In CWJC No. 5613 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. MANISH KUMAR- GP8 (In CWJC No. 5619 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. RAJESH KUMAR, GP-19 (In CWJC No. 5623 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr.

RAJIV KUMAR SINGH (In CWJC No. 5652 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. AJEET KUMAR (In CWJC No. 5705 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. KINKAR KUMAR (In CWJC No. 5706 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh, Advocate For the Respondent/s : Mr. AMAR NATH DEO (In CWJC No.

For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. D. K. PRASAD, GP- 7 (In CWJC No. 5780 of 2015) For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Respondent/s : Mr. ABBAS HAIDER,SC-16 (In CWJC No. 5849 of 2015) For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Respondent/s : Mr. M.K. SINHA, SC-1 (In CWJC No. 5895 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. A. UJJWAL, SC-25 (In CWJC No. 5913 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mrs. Nivedita Nirvikar, GA-10 (In CWJC No. 6005 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. ANSHUMAN SINGH, GP-24 (In CWJC No. 6011 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. RITESH KUMAR, SC-33 (In CWJC No.

6108 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. S.K.MANDAL, SC-24 (In CWJC No. 6131 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. RAJIV ROY, GP-5 (In CWJC No. 6153 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. AJAY BIHARI SINHA (In CWJC No. 6305 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. SADANAND PASWAN, GP-29 (In CWJC No. 6326 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. ABBAS HAIDER, SC 16 (In CWJC No. 6344 of 2015) For the Petitioner/s : Mr. Angad Kunwar For the Respondent/s : Mr. HARISH KUMAR, GP-32 (In CWJC No. 6362 of 2015) For the Petitioner/s : Mr. Angad Kunwar For the Respondent/s : Mr. SMT. BINITA SINGH, GP-31 (In CWJC No.

6378 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. ARVIND KUMAR NO. 2, SC-17 (In CWJC No. 6380 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. AJIT PRATAP SINGH- SC15 (In CWJC No. 6442 of 2015) For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. RAJESH KUMAR, GP-19 (In CWJC No. 6452 of 2015) For the Petitioner/s : Mr.

For the Respondent/s : Mr. KUNDAN BAHADUR SINGH, SC-22 (In CWJC No. 6458 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. KUMAR MANISH, SC-21 Mr. Kumar Pankaj, AC to SC-21 (In CWJC No. 6492 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. R.R.K. PANDEY, SC-29 (In CWJC No. 6545 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. AVINASH KUMAR, SC-30 (In CWJC No. 6576 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. P.S. SAHAY, SC-31 (In CWJC No. 6639 of 2015) For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. MADHURESH PRASAD (In CWJC No. 6645 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. R.K. PRIYADARSHI- SC32 (In CWJC No.

6673 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. KUMAR PRIYARANJAN, SC-23 (In CWJC No. 6732 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. HARISH KUMAR, GP-32 (In CWJC No. 6733 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. SADANAND PASWAN, GP-29 (In CWJC No. 6796 of 2015) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Smt. Namrata Mishra, G.A.-13 Mr. Shashi Shekhar Pd. Sinha, AC to G.A.-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 13-05-2015 Learned counsel for the petitioner is permitted to correct the vehicle number / registration number in C.W.J.C. No. 6442 of 2015.

Heard learned counsel for the parties. Since in each of these cases the relief prayed by the petitioners is identical hence they have been taken up together for analogous hearing and final disposal

with the consent of the parties. The petitioners in each of the writ petitions seek a direction to the Authorized Officer-cum-Divisional Forest Officer, Rohtas Forest Division, District-Rohtas at Sasaram under the Indian Forest Act, 1927, for provisional release of their respective vehicle pending adjudication of the confiscation proceedings.

In each of these cases the vehicle of these petitioners stands seized on grounds of alleged violation of the provisions of the Indian Forest Act and which has led to institution of the Forest Case / Police Case which are now pending consideration in respective confiscation proceedings before the Authorized Officer who happens to be the Divisional Forest Officer, Rohtas Forest Division, Rohtas. The contention advanced by the learned counsel for the respective petitioners is that keeping the vehicles under the open sky to face the vagaries of the weather would serve no purpose and would only turn them obsolete rendering them useless for any future use and which would benefit none rather it would only result in loss. Learned counsel for the respective petitioners have stated that the petitioners would not be creating any third party right nor they would alienate the vehicle pending disposal of the respective confiscation case and that they would produce the vehicle as and when required in the confiscation proceedings. It is also the contention of learned counsel

that release petitions have also been filed before the statutory authority but has remained pending in most of the cases and thus these writ petitions.

The individual details of the petitioner in each of the writ petitions are given hereinbelow.

(1). C.W.J.C. No. 4671 of 2015 In this case vehicle of the petitioner bearing Registration No. JH 05AA/5055 was seized on allegations of transporting stone chips without any supportive papers giving rise to Forest Case No. 17 of 2015 which has led to registration of Confiscation Case No. 27 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(2). C.W.J.C. No. 4969 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH0 2K/9164 was seized on allegations of transporting stone chips without any supportive papers giving rise to Forest Case No. 24 of 2015 which has led to registration of Confiscation Case No. 40 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(3). C.W.J.C. No. 5007 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP 67C/5955 was seized on

allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 24 of 2015 which has led to registration of Confiscation Case No. 40 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(4). C.W.J.C. No. 5161 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH09J/7551 was seized on allegations of transporting stone chips without any supportive papers giving rise to Forest Case No. 22 of 2015 which has led to registration of Confiscation Case No. 36 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(5). C.W.J.C. No. 5201 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR45G-3229, Chassis No.

MAT448086BAH06535 and Engine No.

11H631739833 was seized on allegations of transporting stone chips without any supportive papers giving rise to Forest Case No. 21 of 2015 which has led to registration of Confiscation Case No. 35 of 2015 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(6). C.W.J.C. No. 5230 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR26G/0272 was seized on allegations of transporting stone chips without any supportive papers giving rise to Dehri (T) P.S. Case No. 82 of 2015 which has led to registration of Confiscation Case No. 32 of 2015 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(7). C.W.J.C. No. 5236 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP65AR/5835 was seized on allegations of transporting stone chips without any supportive papers giving rise to Forest Case No. 23 of 2015 which has led to registration of Confiscation Case No. 41 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(8). C.W.J.C. No. 5429 of 2015 In this case the vehicle of the petitioner bearing Registration No. WB11B/0978 was seized on allegations of transporting stone chips without any supportive papers giving rise to Forest Case No. 31 of 2015 which has led to registration of Confiscation Case No. 54 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division,

Rohtas at Sasaram.

(9). C.W.J.C. No. 5442 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR-01GC/6600 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 31 of 2015 which has led to registration of Confiscation Case No. 54 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(10). C.W.J.C. No. 5449 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR01GC/2212 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 31 of 2015 which has led to registration of Confiscation Case No. 54 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(11). C.W.J.C. No. 5460 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR9D/1879 and its trailer was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 15 of 2015 which has led to registration of Confiscation Case No. 34 of 2015 pending adjudication before the Divisional

Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(12). C.W.J.C. No. 5468 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR03B/9866 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 31 of 2015 which has led to registration of Confiscation Case No. 54 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(13). C.W.J.C. No. 5480 of 2015 In this case the vehicle of the petitioner bearing Registration No. WB41C/4283 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 24 of 2015 which has led to registration of Confiscation Case No. 40 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(14). C.W.J.C. No. 5488 of 2015 In this case the vehicle of the petitioner bearing Registration No. WB23C/4481 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 31 of 2015 which has led to registration of Confiscation Case No. 54 of 2015 pending

adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(15). C.W.J.C. No. 5566 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP60H/8955, Chassis No.

426036JTZ746379 and Engine No.

60H62499884 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 27 of 2015 which has led to registration of Confiscation Case No. 50 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(16). C.W.J.C. No. 5592 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH10M/2621 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 58 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(17). C.W.J.C. No. 5613 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP60H/8559, Chassis No.

426031MTZ017391 and Engine No.

60L62526914 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 27 of 2015 which has led to registration of Confiscation Case No. 50 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(18). C.W.J.C. No. 5619 of 2015 In this case the vehicle of the petitioner bearing Registration No. MP09HF 5743 was seized on allegations of transporting forest produce without any supportive papers giving rise to Kochas P.S. Case No. 27 of 2015 which has led to registration of Confiscation Case No. 46 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(19). C.W.J.C. No. 5623 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH10M/3021, Chassis No.

426031MTZ232249 and Engine No.

60M62534355 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 58 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division,

Rohtas at Sasaram.

(20). C.W.J.C. No. 5652 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH01AE/5037 was seized on allegations of transporting forest produce without any supportive papers giving rise to Dehri P.S. Case No. 115 of 2015 which has led to registration of Confiscation Case No. 47 of 2015 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(21). C.W.J.C. No. 5705 of 2015 In this case the vehicle of the petitioner bearing Registration No. OR14R/4255 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 26 of 2015 which has led to registration of Confiscation Case No. 44 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(22). C.W.J.C. No. 5706 of 2015 In this case the vehicle of the petitioner bearing Registration No. MP17C/6010, Chassis No.

UDH093527 and Engine No. UDE410612 was seized on allegations of transporting forest produce without any supportive papers giving rise to Dehri P.S. Case No. 124 of 2015 which has led to registration of Confiscation Case No.

43 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(23). C.W.J.C. No. 5714 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH02H/3840, Chassis No.

444026MTZ232105 and Engine No.

697TC57MTZ165537 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 58 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(24). C.W.J.C. No. 5780 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR24C/7142 and BR-24C/7143 was seized on allegations of transporting forest produce without any supportive papers giving rise to Sasaram (Town) P.S. Case No. 576 of which has led to registration of Confiscation Case No. 86 of 2013 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(25). C.W.J.C. No. 5849 of 2015 In this case the vehicle of the petitioner bearing

Registration No. BR24G/1286, Chassis No.

MAT37308892E05902 and Engine No.

697TCSSEEGZIO7499 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 01 of 2013 which has led to registration of Confiscation Case No. 03 of 2013 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(26). C.W.J.C. No. 5895 of 2015 In this case the vehicle of the petitioner bearing Registration No. WB33T/5878, Chassis No.

HYY9039302494 and Engine No.

HYVA01506036GF/4 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 30 of 2015 which has led to registration of Confiscation Case No. 53 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(27). C.W.J.C. No. 5913 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH10P/7279 was seized on allegations of transporting forest produce without any supportive papers giving rise to Nokha P.S. Case No. 189 of 2014 which has led to registration of Confiscation Case No. 97E of

2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(28). C.W.J.C. No. 6005 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP67B/5855, Chassis No.

426021BUZ202908 and Engine No.

50B62391601 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 1 of 2015 which has led to registration of Confiscation Case No. 56 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(29). C.W.J.C. No. 6011 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR44G/0184, Chassis No.

426031CSZ208491 and Engine No.

70C62557561 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 27 of 2015 which has led to registration of Confiscation Case No. 50 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(30). C.W.J.C. No. 6108 of 2015 In this case the vehicle of the petitioner bearing

Registration No. UP-60K/1929 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 32 of 2015 which has led to registration of Confiscation Case No. 57 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(31). C.W.J.C. No. 6131 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP60T/2225, Chassis No.

MAT466388C3E12988 and Engine No.

21D63256427 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 27 of 2015 which has led to registration of Confiscation Case No. 50 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(32). C.W.J.C. No. 6153 of 2015 In this case the vehicle of the petitioner bearing Registration No.

BR24C-1088, Trailer Registration No. BR24C-1089, Chassis No.

BLM-1302 and Engine No. BLM 1302 was seized on allegations of transporting forest produce without any supportive papers giving rise to Dehri Nagar P.S. Case No. 124 of 2015 which has led to registration of Confiscation

Case No. 48 of 2015 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(33). C.W.J.C. No. 6305 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR3G/3207 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 27 of 2015 which has led to registration of Confiscation Case No. 70 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(34). C.W.J.C. No. 6326 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR24G/2831, Chassis No.

373043BRQ104167 and Engine No.

697D21Q105592 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 22 of 2015 which has led to registration of Confiscation Case No. 61 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(35). C.W.J.C. No. 6344 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR02Q/3010 was seized on

allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 28 of 2015 which has led to registration of Confiscation Case No. 68 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(36). C.W.J.C. No. 6362 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH05AA/9237 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 28 of 2015 which has led to registration of Confiscation Case No. 68 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(37). C.W.J.C. No. 6378 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH06B/1721, Chassis No.

405124AUZ103688 and Engine No.

697D44AUZ102237 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 26 of 2015 which has led to registration of Confiscation Case No. 44 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(38). C.W.J.C. No. 6380 of 2015 In this case the vehicle of the petitioner bearing Registration No. OR14Q/8355, Chassis No.

373134BRZ301416 and Engine No.

697TC56DRZ107221 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 35 of 2015 which has led to registration of Confiscation Case No. 65 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(39). C.W.J.C. No. 6442 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR 01GB / 9879 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 30 of 2015 which has led to registration of Confiscation Case No. 66 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(40). C.W.J.C. No. 6452 of 2015 In this case the vehicle of the petitioner bearing Registration No. B.R.26H-5749, Chassis No.

MAT117FAAoo394 and Engine No.

41M84199049 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No.

27 of 2015 which has led to registration of Confiscation Case No. 70 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(41). C.W.J.C. No. 6458 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR27E/3227, Chassis No.

426031GSZ125341 and Engine No.

70G62588115 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 31 of 2015 which has led to registration of Confiscation Case No. 71 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(42). C.W.J.C. No. 6492 of 2015 In this case the vehicle of the petitioner bearing Registration No. OR14R-9652 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 74 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(43). C.W.J.C. No. 6545 of 2015 In this case the vehicle of the petitioner bearing

Registration No. JH06B-1151 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 74 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(44). C.W.J.C. No. 6576 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH05P-6004 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 74 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(45). C.W.J.C. No. 6639 of 2015 In this case the vehicle of the petitioner bearing Registration No. UP61T 3035 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 30 of 2015 which has led to registration of Confiscation Case No. 66 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(46). C.W.J.C. No. 6645 of 2015 In this case the vehicle of the petitioner bearing Registration No. OR14Q-9338 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 74 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(47). C.W.J.C. No. 6673 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR-24G-0991, Chassis No.

364073565958 and Engine No. 692Do1556117 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 26 of 2015 which has led to registration of Confiscation Case No. 67 of 2015 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(48). C.W.J.C. No. 6732 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR24G/7570 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 74A of 2015 pending

adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(49). C.W.J.C. No. 6733 of 2015 In this case the vehicle of the petitioner bearing Registration No. JH07E/2595 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 33 of 2015 which has led to registration of Confiscation Case No. 74 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

(50). C.W.J.C. No. 6796 of 2015 In this case the vehicle of the petitioner bearing Registration No. BR24G/7613, Chassis No.

MAT448062D1D04661 and Engine No.

B591803231D63323015 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 35 of 2015 which has led to registration of Confiscation Case No. 76 of 2015 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.

I have heard learned counsel for the parties and I have perused the materials on record.

As I have taken note of hereinabove, the vehicles of these petitioners stand seized on allegation of being loaded with illegally mined stone chips. Though learned counsel for the petitioners has tried to defend the load carried on each of the vehicles but considering that the matter is pending adjudication before the statutory authority, this Court would express no opinion thereon.

However taking note of the circumstances that these vehicles are lying unattended under the open sky to face the vagaries of weather, this Court is of the opinion that allowing these vehicles to turn obsolete would benefit none rather it would only lead to losses and thus this Court would deem fit and proper to order for the provisional release of the vehicles subject to furnishing of supporting papers of ownership and security as deem fit and proper by the authorized officer and which release obviously would be subject to final outcome of the confiscation proceedings / criminal proceeding.

conditions.

(a) The petitioner shall produce all original papers supporting the ownership of the vehicle in question including the registration papers, the insurance paper, the tax token and the pollution certificate.

(b) The petitioner shall file an undertaking in the form of an affidavit that he shall not alienate the vehicle or transfer the vehicle in favour of any third party during the pendency of the confiscation proceedings /criminal proceeding and shall produce the vehicle as and when required in the confiscation proceedings / criminal proceeding.

(c) The petitioner shall furnish such security as deem fit and proper by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram which shall neither be in the form of cash nor bank guarantee; and (d) The release of the vehicle shall be governed by the final outcome of the confiscation proceedings / criminal proceeding.

With the observations and directions aforementioned, the writ petitions are allowed.

(Jyoti Saran, J) S.Sb/- U