Dismissed

Nav Kant Jha v. The State Of Bihar Through Director General Of Police, Bihar and Ors.

Patna HC13 Jan 2014CR. WJC/533/2013

Case brief

AI extract

What is this about?

Petitioner sought writ for release of Sisam logs cut from disputed land during pending Section 145 Cr.P.C. proceedings. Court held such cutting requires separate Forest Department permission and dismissed petition for non-compliance.

What did the court decide?

Petition dismissed; matter for SDM to deal with proper permission requirements under law.

Nav Kant Jha Vs The State Of Bihar Through… — Civil Procedure and Limitation | Patna HC (2014)

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Patna High Court CR. WJC No.533 of 2013 (7) dt.13-01-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.533 of 2013

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======================================================

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NAV KANT JHA, S/O BHEDI JHA, RESIDENT OF VILLAGESISWAR, P.S.- PHULPARAS, DISTRICT- MADHUBANI.

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.... .... PETITIONER/S

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VERSUS

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THE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE BIHAR, PATNA

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THE SUPERINTENDENT OF POLICE MADHUBANI

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THE OFFICER- IN- CHARGE PHULPARAS POLICE STATION, DISTRICT- MADHUBANI

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.... .... RESPONDENT/S

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====================================================== Appearance:

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For the Petitioner/s : Mr. Dhirendra Nath Jha, Adv. Mr. Lakshman Jha, Adv

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For the State : Mr. Shashi Shekhar Kr. Prasad, AC to G.P.-12. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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7 13-01-2014 Heard learned counsel for the petitioner as well as learned AC to GP-12.

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Petitioner who happens to be one of the party of a proceeding under Section 145 Cr.P.C. bearing M.R. No.112 of 1999 pending before SDM,

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Phulparas which relates to survey plot no.1180, 1181,

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1185 of Khata No.258 has prayed for release of Sisam logs having cut there from. The contest amongst the

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parties was earlier decided by this Court under Cr. Misc. No.13748 of 2011 vide order dated 30.10.2012 and in light thereof, the SDM had passed order on 20.05.2013 (Annexure-4) recalling the attachment in

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Patna High Court CR. WJC No.533 of 2013 (7) dt.13-01-2014

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terms of Section 146(1) of the Cr.P.C. as well as directing the C.O., Phulparas to return back the amount to the auction purchaser in terms of order dated 17.02.2010 as well as to facilitate uplifting of Sisam logs by the petitioner, which has not been complied with by the concerned authorities, hence this petition.

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Vide notification no.S.O.178 dated 8^th February, 1985 the State of Bihar in terms of Section 1(d) of the Bihar Forest Produce (Regulation of Trade) Act, 1984 had identified at Sl.No.6, Sisam to be the forest produce and on account thereof, petitioner was required to obtain permission from the Forest Department of the concerned locality to cut the same. There happens to be no such document available on the record to justify action of the petitioner.

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Initiation of a proceeding under Section 145 Cr.P.C. is on account of apprehension of breach of piece concerning possession with regard to land or water and is not guided by the cutting of trees standing over the disputed land in case the quality of trees happens to be within the purview of Bihar Forest Act. Petitioner will be only entitled to recover the same

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Patna High Court CR. WJC No.533 of 2013 (7) dt.13-01-2014

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after having proper permission from the competent authority. In case petitioner has then in that event petitioner will be entitled to get the same, for which the learned SDM will properly dealt with the matter in accordance with law.

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With the aforesaid observation, instant

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petition is disposed of.

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(Aditya Kumar Trivedi, J)

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PN/-

Nav Kant Jha v. The State Of Bihar Through Director General Of Police, Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Nav Kant Jha v. The State Of Bihar Through Director General Of Police, Bihar and Ors.

Case brief

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What did the court decide?

What the court decided

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