Disposed

Narendra Singh and Ors. v. The State Of Bihar and Ors.

Patna HC22 Dec 2014CWJC/18278/2014

Case brief

AI extract

What is this about?

This order consolidated four writ petitions challenging orders of confiscation under the Indian Forest Act, 1927 with pending appeals. The single-judge court directed the District Magistrate (appellate authority) to dispose of the appeals within three months and provided for provisional vehicle release thereafter if not.

What did the court decide?

Direction to the District Magistrate-cum-appellate authority to dispose of pending appeals under the Indian Forest Act, 1927 within three months; to consider provisional release of vehicles within one

Narendra Singh and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18278 of 2014

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

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Narendra Singh

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Dharmendra Singh

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Harendra Kumar Singh

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Bijendra Singh

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All sons of Ramashish Singh, resident of village- Tilai, P.S. Sanjhauli, District - Rohtas

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.... .... Petitioner/s Versus

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

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Divisional Forest Officer, Rohtas at Sasaram

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The District Forest Officer, Rohtas at Sasaram

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The Ranger, Darigaon Forest Area, Sasaram East Range, District - Rohtas at Sasaram

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.... .... Respondent/s

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

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with

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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

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.... .... Petitioner/s

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Versus

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The State of Bihar

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The Chief Conservator of Forest, Bihar, Patna 3. The Principal Secretary, Forest Department, Government of Bihar, Patna

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The District Magistrate, Rohtas at Sasaram

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The Divisional Forest Officer, Rohtas at Sasaram

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The District Forest Officer, Rohtas at Sasaram

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The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram

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The Ranger, Darigaon Forest Area, Sasaram East Range, Rohtas at Sasaram

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.... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.15655 of 2013

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

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Bijay Yadav son of Late Keshaw Prasad Yadav, resident of villageSudamapur (Darha), P.O. -Darha, P.S. - Barahat, Distt. -Jamui

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Kapildeo Yadav S/o Aklu Yadav R/o Village-Sunriyabada, P.O.- Darha, P.S. -Barahat, Distt. -Jamui

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Brahmdeo Yadav S/o Baldeo Yadav R/o Village- Dhunia, P.O. -Darha, P.S. -Barahat, Distt - Jamui

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.... .... Petitioner/s

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Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014

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Versus

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The State of Bihar

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The Secretary, Environment and Forest Department, Government of Bihar, Patna

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The District Magistrate, Jamui

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The Authorized Officer cum Divisional Forest Officer, Jamui

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The District Minning Officer, Jamui

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The Range Officer Forest Jhajha, P.O. and P.S. -Jhajha, District- Jamui

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.... .... Respondent/s

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

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.... .... Petitioner/s

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Versus

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

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Divisional Forest Officer, Rohtas at Sasaram

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The District Forest Officer, Rohtas at Sasaram

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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 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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2 22-12-2014 Learned counsel for the parties are present.

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Since the matter in issue in these writ petitions is the

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Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014

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same hence they have been taken up together for analogous hearing and disposal with the consent of the parties.

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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.

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In each of these writ petitions, the confiscation proceedings have been decided against the petitioners and the appeals are pending.

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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.

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

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(1). CWJC No. 18278 of 2014

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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

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Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014

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the Authorized Officer-cum-Divisional Forest Officer, Rohtas at Sasaram in Confiscation Case No. 28 of 2014.

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(2). C.W.J.C. No. 21596 of 2014

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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.

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(3). C.W.J.C. No. 15655 of 2013

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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.

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(4). C.W.J.C. No. 16695 of 2014

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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

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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

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Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014

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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.

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With the observations/directions aforementioned, the writ petition is accordingly disposed of.

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(Jyoti Saran, J)

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S.Sb/-

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Narendra Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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Narendra Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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