Disposed

Radhe Shyam Sah v. The State Of Bihar and Ors.

Patna HC18 Dec 2014CWJC/19065/2014

Case brief

AI extract

What is this about?

The Patna High Court disposed of multiple writ petitions challenging delayed disposal of forest confiscation appeals. The court directed the District Magistrate-cum-Appeal Authority to decide the pending appeals expeditiously, preferably within three months, upon granting a hearing opportunity.

What did the court decide?

Direction to District Magistrate to dispose of pending forest appeals expeditiously within three months with a hearing; provisional vehicle release within one month if appealed is not disposed in time

Radhe Shyam Sah Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.10294 of 2014

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====================================================== 1. Dadan Singh, son of Sarju Singh, resident of Village- Tati Bandh, Raipur, Pali Toad, District- Bilaspur (Chhatisgarh)

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

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The State of Bihar

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The District Magistrate, Rohtas at Sasaram

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The Authorized Officer-cum-Divisional Forest Officer, Rohtas Forest Division, Sasaram, District- Rohtas

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The Range Officer, Sasaram Forest Range, District- Rohtas

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.... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.18982 of 2014

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====================================================== Santosh Kumar, son of Jagan Singh, resident of village Shankarpur, Bheri Bigha, P.S. Indrapuri, 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, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Range Officer, Sasaram Forest Range, District- Rohtas.

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.... .... Respondent/s

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With

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Civil Writ Jurisdiction Case No.19050 of 2014

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====================================================== 1. Binod Yadav S/o Ramjee Yadav Resident of Village Mahadeoganj, P.S. Nawanagar, District Buxar.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Forestor, Tilauthu Darigaon Forest Region, District- Rohtas.

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.... .... Respondent/s

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With

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Civil Writ Jurisdiction Case No.19065 of 2014

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

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P2 / 11

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Radhe Shyam Sah S/o Kalbu Sah Resident of Village Rampur, P.S. Sasaram (M), 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, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas. l

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The Officer in Charge, Akorhigola P.S., District Rohtas.

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.... .... Respondent/s

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With

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Civil Writ Jurisdiction Case No.19099 of 2014

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

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Krishna Singh son of Ram Pravesh Singh.

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Pappu Kumar Singh, son of Late Kamla Singh.

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Ram Tawakya Singh, son of Late Ishwar Dayal Singh, all are residents of village Kanchanpur, P.S. Sasaram, 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, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Forester, Tilauthu cum Darigaon Forest Region, Sasaram Forest Range, District- Rohtas.

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.... .... Respondent/s

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With Civil Writ Jurisdiction Case No.19276 of 2014

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====================================================== Upendra Kumar Singh, son of Raja Ram Singh, resident of villageBaliganwan Bala Colony, Green City, P.S.-Jamshedpur, District Jamshedpur(Jharkhand)

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Range Officer, Sasaram Forest Range, District- Rohtas.

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.... .... Respondent/s

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With

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Civil Writ Jurisdiction Case No.19609 of 2014

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====================================================== Ranjit Kumar Singh, son of Kapil Deo Singh, resident of village-Saleyan, P.O. and P.S. Akorhigola, District Rohtas

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.... .... Petitioner/s

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P3 / 11

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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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The District Magistrate-cum-Appellate Authority, Rohtas at Sasaram.

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The Superintendent of Police, Rohtas at Sasaram.

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The Divisional Forest Officer-cum-Authorized Officer, Rohtas, Forest Division, Rohtas at Sasaram.

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.... .... Respondent/s

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====================================================== With

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Civil Writ Jurisdiction Case No.20477 of 2014

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====================================================== Sanjay Kumar Gupta, son of Late Rajeshwar Prasad resident of village Basudewa, P.O. Bhadar, P.S. Navanagar, District Buxar

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna.

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The Authorized Officer-cum-Conservator of Forest, Wildlife Circle,

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Patna

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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4.The District Magistrate, Rohtas at Sasaram.

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The Range Officer, Sasaram Forest Range, District- Rohtas.

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The Station Head Officer, Police Statation-Bikramganj, District –Rohtas at Sasaram

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.... .... Respondent/s

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with Civil Writ Jurisdiction Case No. 20788 of 2014

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====================================================== Jokhan Singh, son of late Bhikhari Singh, resident of village- Sita Bigha, P.O. Karwandia, P.S. Sasaram(M), District –Rohtas

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………….. Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Forester, Tilauthu District- Rohtas.

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.... .... Respondent/s

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With

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Civil Writ Jurisdiction Case No.20911 of 2014

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====================================================== Binod Kumar Singh son of Jagarnath Singh, resident of village-Suara, P.S.Dehri, District-Rohtas, at present resident of village H/No. 246, Ratu Road, Sukdeo Nagar, District-Ranchi(Jharkhand)

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Forest Department,

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P4 / 11

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Government of Bihar, Patna.

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The District Magistrate-cum-Appellate Authority, Rohtas at Sasaram.

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The Superintendent of Police, Rohtas.

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The Divisional Forest Officer-cum-Authorized Officer, Rohtas, Forest Division, 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.21088 of 2014

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

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Arvind Kumar Singh, son of Indradeo Singh, resident of Mohalla-Bal Bharti Road, Civil Lines, Sasaram, P.S.-Sasaram, 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, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Forester, Tilauthu District- Rohtas.

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.... .... Respondent/s

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

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With

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Civil Writ Jurisdiction Case No.21162 of 2014

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

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Rajesh Kumar Singh, son of Late Surya Keshwar Singh, resident of Mohalla-Kuraich Mahavir Asthan, Gaurakshni, Sasaram, 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, Forest Department, Government of Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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The Forester, Tilauthu-cum- Darigaon Forest Region, Sasaram Forest Range, District- Rohtas.

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.... .... Respondent/s

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

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With

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Civil Writ Jurisdiction Case No.21175 of 2014

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====================================================== Ram Lal Singh, son of Sri Siddhnath Singh, resident of village +PostRoopsagar, P.S. Navanagar, District Buxar

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna.

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The Authorized Officer-cum-Conservator of Forest, Wildlife Circle, Patna

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The Authorized Officer cum Divisional Forest Officer, Rohtas Forest Division, Sasaram, District Rohtas.

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4.The District Magistrate, Rohtas at Sasaram.

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P5 / 11

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The Range Officer, Sasaram Forest Range, District- Rohtas.

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The Station Head Officer, Police Station-Bikramganj, District –Rohtas at Sasaram .... .... Respondent/s ====================================================== Appearance : (In CWJC No.10294 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Raj Nandan Prasad, SC-9 (In CWJC No.18982 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Jawahar Pd. Karn, AAG 4 (In CWJC No.19050 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Dhurjati Kr Prasad, G.P.7 (In CWJC No.19065 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Manish Kumar, GP-8 (In CWJC No.19099 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 (In CWJC No.19276 of 2014) For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the Respondent/s : Mr. Ajit Pratap Singh, SC15 (In CWJC No.19609 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Subhash Pd. Singh, G.A. 7 (In CWJC No.20477 of 2014) For the Petitioner/s : Mr. Gopal Swaroop Dubey, Adv. For the Respondent/s : Mr. Arun Kumar Prasad, A.C. to S.C.7 (In CWJC No.20788 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. D.K. Sinha, AAG2 (In CWJC No.20911 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Arvind Kumar, SC13 (In CWJC No.21088 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Sudhanshu Shekhar, A.C. to GP-31 (In CWJC No.21162 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 (In CWJC No.21175 of 2014) For the Petitioner/s : Mr. Gopal Swaroop Dubey, Adv. For the Respondent/s : Mr. Raj Nandan Prasad, SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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2 18-12-2014 Learned counsel for the parties are present.

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P6 / 11

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Since the matter in issue in these writ petitions is the 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 these writ petitions 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, 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 appeals are pending before the appellate authority and there being no sign of its expeditious disposal, the vehicles which are subject matter of the appellate proceedings 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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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P7 / 11

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(1) CWJC No. 10294 of 2014

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The petitioner in this case has preferred Forest (Confiscation) Appeal No.14 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram in Confiscation Case No. 92 of 2013 arising from Forest Case No. 45F of 2013.

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(2) CWJC No. 18982 of 2014

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The petitioner in this case has preferred Forest Confiscation Appeal No. 57 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram in Confiscation Case No. 22 of 2014 arising from Forest Case No. 12 of 2014.

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(3) CWJC No. 19050 of 2014

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The petitioner in this case has preferred Forest Confiscation Appeal No. 21 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram in Confiscation Case No. 81 of 2013 arising from Forest Case No. 43F/2013.

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(4) CWJC No. 19065 of 2014

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P8 / 11

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The petitioner in this case has preferred Forest (Confiscation) Appeal No. 50 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram in Confiscation Case No.55 of 2013 arising from Akorhigola P.S. Case No. 34 of 2013.

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(5) CWJC No. 19099 of 2014

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The petitioner in this case has preferred Forest Appeal No. 43 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No.105 of 2013.

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(6) CWJC No. 19276 of 2014

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Learned counsel is permitted to make appropriate corrections as regarding the appeal case number in the writ petition during the course of the day.

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The petitioner in this case has preferred Forest Appeal No.32 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No. 106 of 2013 arising from Forest Case No. 60 of 2013.

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(7) CWJC No.19609 of 2014

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P9 / 11

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The petitioner in this case has preferred Forest Appeal No. 35 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No.125 of 2013.

¶180

(8) CWJC No. 20477 of 2014

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The petitioner in this case has preferred Forest Appeal No. 60 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No. 08 of 2014.

¶182

(9) CWJC No. 20788 of 2014

¶183

The petitioner in this case has preferred Forest Appeal No. 62 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer- cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No.52 of 2014 arising from Forest Case No. 42 of 2014.

¶184

(10) CWJC No. 20911 of 2014

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The petitioner in this case has preferred Forest Appeal No. 44 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P10 / 11

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No.45 of 2013.

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(11) CWJC No.21088 of 2014

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The petitioner in this case has preferred Forest Appeal No. 63 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No. 52 of 2013 arising from Forest Case No. 42 of 2014.

¶191

(12) CWJC No.21162 of 2014

¶192

The petitioner in this case has preferred Forest (Confiscation) Appeal No. 27 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram in Confiscation Case No. 81 of 2013 arising from Forest Case No. 43F of 2013.

¶193

(13) CWJC No. 21175 of 2014

¶194

The petitioner in this case has preferred Forest Appeal No. 61 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No. 08 of 2014.

¶195

Having heard learned counsel for the parties and taking into consideration the limited prayer made by each of the petitioners,

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Patna High Court CWJC No.20788 of 2014 (2) dt.18-12-2014

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P11 / 11

¶198

these writ petitions are disposed of with the direction to the District Magistrate, Rohtas at Sasaram-cum-Appellate Authority under the Indian 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.

¶199

With the observations/directions aforementioned, these writ

¶200

petitions are accordingly disposed of.

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(Jyoti Saran, J)

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Bibhash/-

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Radhe Shyam Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Radhe Shyam Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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