Satendra Singh v. The State Of Bihar Through Sri Tripurari Sharma Secretary, Forest And Environment, Bihar Govt. Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1052 of 2018 In Letters Patent Appeal No.617 of 2017 ====================================================== Satendra Singh Son of Ram Raj Singh, Resident of Mohalla - New Market Patna, GPO, P.S. Kotwali, District - Patna. at present New Market Patna Near G.P.O., P.S.- Kotwali, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Sri Tripurari Sharma Secretary, Forest And Environment, Bihar Govt. Patn 2.

The District Magistrate, Rohtas Sasaram Sri Animesh Kumar Parasar. 3.

The Divisional Forest Officer cum Authorise Office Rohtas Sasaram, Sri S. Kumar Asami.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

Ms. Sunita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 20-04-2023 Nobody appears on behalf of the petitioner.

However, Ms. Sunita Kumari, learned Advocate for the State is present.

Vide order dated 23.12.2016 passed by a learned Single Judge of this Court in CWJC No. 15679 of 2016, the District Magistrate, Rohtas at Sasaram-cum-Appellate Authority under the Indian Forest Act, 1927 was directed to consider and dispose of the appeal of the petitioner in

Patna High Court MJC No.1052 of 2018 dt.20-04-2023 2/3 accordance with law and after giving opportunity of hearing to the contesting parties, expeditiously and preferably within three months from the date of receipt/production of a copy of this order.

It was further directed that in case of any reason, the appeal is not disposed of within the period stipulated in the order, the Appellate Authority would consider the prayer of the petitioner for provisional release of his vehicle in question and dispose of the same within one month thereafter in accordance with law.

This contempt petition is being filed alleging that the order has not been complied.

The show cause reply indicates that against the aforenoted order passed by the learned Single Judge, an LPA was filed by the petitioner which also was disposed of with the direction to the Appellate Authority (District Magistrate) to consider and dispose of the appeal after giving opportunity to the contesting parties, within one

Patna High Court MJC No.1052 of 2018 dt.20-04-2023 3/3 month from the date of receipt/production of a copy of this order.

It has further been submitted that the petitioner did not appear before the Appellate Authority on most of the dates but the appeal was heard on 12.03.2019 and final order has been passed on 12.03.2019 dismissing the appeal.

In that view of the matter, this contempt petition on behalf of the petitioner is not maintainable and the same is dismissed.

(Ashutosh Kumar, J) (Harish Kumar, J) krishna/manoj AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2023 Transmission Date NA