Patna High Court - Orders
Rama Shankar Ray vs The State Of Bihar & Ors on 23 September, 2016
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.154 of 2016
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Aditya Raj, S/o Shyam Bihari Singh, R/o Mohalla - Kuraich, Sasaram, 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 Area at Sasaram.
7. The Forester, Tilauthu cum Darigaon Forest Circle, District - Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.243 of 2016
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Sunil Kumar Choudhari, S/o Paras Nath Choudhari, R/o Mohalla-
Bhartiganj, Sasaram, 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 Forester, Tilauthu cum Darigaon Forest Circle, District- Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.276 of 2016
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Aditya Raj, S/o Shyam Bihari Singh, R/o Mohalla- Kuraich, Mahabir
Asthan, Sasaram, 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 Area at Sasaram.
7. The Forester, Tilauthu cum Darigaon Forest Circle, District- Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.327 of 2016
Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 2
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Kameshwar Kumar Singh, S/o Late Bhikhar Singh, R/o village - Bhediya,
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 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.374 of 2016
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Rama Shankar Ray, S/o Late Devdutt Ray, R/o Village- Dahaur, 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 Area at Sasaram.
7. The Forester, Tilauthu cum Darigaon Forest Circle, District- Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.407 of 2016
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Ritesh Kumar Patel, S/o Mithlesh Chaudhary, R/o- Village- Darekhop, P.S.-
Nasriganj, 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 Area at Sasaram.
7. The Forester, Tilauthu cum Darigaon Forest Circle, District- Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.480 of 2016
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Ram Kripal Singh, S/o- Anirud Singh, R/o village- Kanchanpur, P.S. -
Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 3
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 Area at Sasaram.
7. The Forester, Tilauthu cum Darigaon Forest Circle, District- Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.525 of 2016
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1. B. K. Choudhary.
2. D.K. Choudhary.
Both are sons of Bindhyachal Choudhary, R/o Mohalla - Rupaspur,
P.S. Danapur, 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 Range Officer, Sasaram Forest Area at Sasaram.
6. The Forester. Tilauthu cum Darigaon Forest Circle, District- Rohtas.
.... .... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No.1384 of 2016
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Chandrama Sah, Son of Uma Shankar Sah, R/o Village - Amra, 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, Kaimur, Bhabua.
4. The Authorized Officer cum Divisional Forest Officer, Kaimur,
Bhabua.
5. The Range Officer, Bhabua Forest Area at Bhabua.
6. The Forest Bhabua Forest Circle District - Kaimur.
.... .... Respondent/s
======================================================
Appearance :
(In CWJC No.154 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. Jai Shankar Barnawal, GA-5
(In CWJC No.243 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 4
For the Respondent/s : Mr. Pramod Kumar Singh, AC to SC-16
(In CWJC No.276 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. Anant Prasad Singh, SC-15
Mr. Avinash Kumar, AC to |SC-15
(In CWJC No.327 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
Mr. Bhim Sen Upadhyay
For the Respondent/s : Mr. Ramadhar Singh, GP-25
(In CWJC No.374 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. Vijay Kr. Verma, AC to GA-2
(In CWJC No.407 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. Anjani Kumar, AAG-6
(In CWJC No.480 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. (AC to AAG-4)
(In CWJC No.525 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. Nagendra Kumar, AC to AAG-9
(In CWJC No.1384 of 2016)
For the Petitioner/s : Mr. Uma Shankar Singh
For the Respondent/s : Mr. Ajay, GA-12
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 23-09-2016Heard the parties.
The petitioners in each of these writ petitions pray for a provisional release of their vehicle pending disposal of the confiscation case(s) instituted against them. While making such prayer, the petitioners do also admit that they have filed application in this regard before the Authorised Officer -cum- the Divisional Forest Officer, Rohtas/Authorised Officer -cum- the Division Forest Officer, Kaimur at Bhabua which remains pending.
Since in each of these cases the relief prayed by the petitioner is identical hence they have been taken up together Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 5 for analogous hearing and disposal with the consent of the parties.
The individual grievance of the petitioner in each of the writ petitions are given hereinbelow:
(1) CWJC No.154 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.BR-25G-1715 has been seized in Confiscation Case No.199 of 2015 arising from Forest Case No.99 of 2015. It is also submitted that a release petition filed on 27.11.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(2) CWJC No.243 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.BR-24G-8765 has been seized in Confiscation Case No.202 of 2015 arising from Forest Case No.102 of 2015. It is also submitted that a release petition filed on 3.12.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(3) CWJC No.276 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.JH-02X-0597 has been seized in Confiscation Case No.202 of 2015 arising from Forest Case No.102 of 2015. It is also submitted that a release petition filed Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 6 on 3.12.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(4) CWJC No.327 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.UP-65BT-3209 has been seized in Confiscation Case No.191of 2015 arising from Forest Case N.96 of 2015. It is also submitted that a release petition filed on 1.12.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(5) CWJC No.374 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.BR-24G-4774 has been seized in Confiscation Case No.181 of 2015 arising from Forest Case No.86 of 2015. It is also submitted that a release petition filed on 9.10.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(6) CWJC No.407 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.UP-65H-1449 has been seized in Confiscation Case No.197 of 2015 arising from Forest Case No.92 of 2015. It is also submitted that a release petition filed on 27.11.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case. Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 7
(7) CWJC No.480 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.NL-02N-3219 has been seized in Confiscation Case No.205 of 2016 arising from Forest Case No.96 of 2015. It is also submitted that a release petition filed on 11.12.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(8) CWJC No.525 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.BR-01GA-4655 has been seized in Confiscation Case No.202 of 2015 arising from Forest Case No.101 of 2015. It is also submitted that a release petition filed on 3.12.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
(9) CWJC No.1384 of 2016:
In this case the grievance of the petitioner is that his vehicle bearing Registration No.BR-24G-1345 has been seized in Confiscation Case No.6 of 2015 arising from Forest Case No.34 of 2015. It is also submitted that a release petition filed on 7.11.2015 seeking provisional release of the vehicle is pending disposal in the confiscation case.
Having heard learned counsel for the parties and considering the nature of relief prayed in the respective writ Patna High Court CWJC No.154 of 2016 (2) dt.23-09-2016 8 petitions, I deem it fit and proper to direct the Authorized Officer-cum-Divisional Forest Officer, Rohtas at Sasaram/ Authorized Officer-cum-Divisional Forest Officer, Kaimur at Bhabua to consider and dispose of the application filed by the petitioner(s) seeking provisional release of their seized vehicles in question, in accordance with law and after hearing the parties bearing in mind the law settled on the issue and the order(s) passed by this Court on provisional release, expeditiously and preferably within three months from the date of receipt/production of a copy of this order.
With the observation and directions aforementioned, these writ petitions are disposed of.
(Jyoti Saran, J) SKPathak/-
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