Patna High Court - Orders
Veer Pratap Singh vs The State Of Bihar & Ors on 22 December, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18278 of 2014
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1. Narendra Singh
2. Dharmendra Singh
3. Harendra Kumar Singh
4. Bijendra Singh
All sons of Ramashish Singh, resident of village- Tilai, P.S. Sanjhauli,
District - Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Forest
and Environment Bihar, Patna
2. Divisional Forest Officer, Rohtas at Sasaram
3. The District Forest Officer, Rohtas at Sasaram
4. The Ranger, Darigaon Forest Area, Sasaram East Range, District - Rohtas
at Sasaram
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21596 of 2014
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Balwant Ray Mehta @ Balwant Rai Mehta, son of Chandradeep Singh,
resident of village-Gopi Bigha, Police Station-Dehri, District-Rohtas at
Sasaram
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Chief Conservator of Forest, Bihar, Patna
3. The Principal Secretary, Forest Department, Government of Bihar,
Patna
4. The District Magistrate, Rohtas at Sasaram
5. The Divisional Forest Officer, Rohtas at Sasaram
6. The District Forest Officer, Rohtas at Sasaram
7. The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram
8. The Ranger, Darigaon Forest Area, Sasaram East Range, Rohtas at
Sasaram
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.15655 of 2013
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1. Bijay Yadav son of Late Keshaw Prasad Yadav, resident of village-
Sudamapur (Darha), P.O. -Darha, P.S. - Barahat, Distt. -Jamui
2. Kapildeo Yadav S/o Aklu Yadav R/o Village-Sunriyabada, P.O.- Darha,
P.S. -Barahat, Distt. -Jamui
3. Brahmdeo Yadav S/o Baldeo Yadav R/o Village- Dhunia, P.O. -Darha,
P.S. -Barahat, Distt - Jamui
.... .... Petitioner/s
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014 2
Versus
1. The State of Bihar
2. The Secretary, Environment and Forest Department, Government of
Bihar, Patna
3. The District Magistrate, Jamui
4. The Authorized Officer cum Divisional Forest Officer, Jamui
5. The District Minning Officer, Jamui
6. The Range Officer Forest Jhajha, P.O. and P.S. -Jhajha, District- Jamui
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.16695 of 2014
======================================================
Veer Pratap Singh Son of Baban Singh, Resident of Mohalla- Dhibra,
Bikramganj, P.S.- Bikramganj, District Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Forest
and Environment, Bihar, Patna
2. Divisional Forest Officer, Rohtas at Sasaram
3. The District Forest Officer, Rohtas at Sasaram
4. The Ranger, Darigaon Forest Area, Sasaram East Range, District- Rohtas
at Sasaram
.... .... Respondent/s
======================================================
Appearance:
(In CWJC No.18278 of 2014)
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate
For the Respondent/s : Mr. Kaushal Kumar Jha, AAG-14
Mr. Shankar Kumar Choudhary,
A.C. to AAG-14
(In CWJC No.21596 of 2014)
For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
For the Respondent/s : Mr. Rajesh Singh, GP-16
(In CWJC No.15655 of 2013)
For the Petitioner/s : Mr. Tuhin Shankar, Advocate
Mr. Shashikant Kumar, Advocate
Mr. Prakash Mahto, Advocate
For the Respondent/s : Mr. Avnish Nandan Sinha, Advocate
(In CWJC No.16695 of 2014)
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate
For the Respondent/s : Mr. Manikant Mishra, G.P.-25
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 22-12-2014Learned counsel for the parties are present.
Since the matter in issue in these writ petitions is the Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014 3 same hence they have been taken up together for analogous hearing and disposal with the consent of the parties.
The limited relief prayed by the petitioners in this writ petition is for a direction to the appellate authority under the Indian Forest Act, 1927, who in the present matters would be the District Magistrate, Rohtas at Sasaram and Jamui for expeditious disposal of the appeal filed on behalf of the petitioners. While praying as such the petitioners have also prayed for provisional release of their vehicles pending adjudication of their appeals.
In each of these writ petitions, the confiscation proceedings have been decided against the petitioners and the appeals are pending.
The grievance of the petitioners is that the appeal is pending before the appellate authority and there being no sign of its expeditious disposal, the vehicles which are subject matter of the appellate proceeding would be rendered obsolete since they are kept under open sky and thus subjected to the vagaries of weather as well as wear and tear.
The individual details of the petitioner in each of the writ petitions are given hereinbelow:
(1). CWJC No. 18278 of 2014 The petitioners in this case have preferred Forest Appeal No. 53, 54, 55 and 56 of 2014 being aggrieved by the order of confiscation passed by Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014 4 the Authorized Officer-cum-Divisional Forest Officer, Rohtas at Sasaram in Confiscation Case No. 28 of 2014.
(2). C.W.J.C. No. 21596 of 2014 The petitioner in this case has preferred Forest Appeal No. 71 of 2013 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram in Confiscation Case No. 25 of 2012.
(3). C.W.J.C. No. 15655 of 2013 The petitioners in this case have preferred Forest Appeal No. 02 of 2012 being aggrieved by the order of confiscation passed by the Authorized Officer-cum-Divisional Forest Officer, Jamui in Confiscation Case No. 06 of 2011.
(4). C.W.J.C. No. 16695 of 2014 The petitioner in this case has preferred Forest Appeal No. 36 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram in Confiscation Case No. 97 of 2013 Having heard learned counsel for the parties and taking into consideration the limited prayer made by each of the petitioners, these writ petitions are disposed of with the direction to the District Magistrate, Rohtas at Sasaram / the District Magistrate, Jamui-cum-Appellate Authority under the Indian Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014 5 Forest Act, 1927 to consider and dispose of the appeals of the petitioners in 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 the order. In case for any reason the appeal is not disposed of within the period stipulated hereinabove, the appellate authority would consider the prayer of the petitioners for provisional release of their respective vehicles in question and dispose of the same within one month thereafter in accordance with law.
With the observations/directions aforementioned, the writ petition is accordingly disposed of.
(Jyoti Saran, J) S.Sb/-
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