Disposed

Mukesh Kumar and Anr. v. The State Of Bihar and Ors.

Patna HC12 Jan 2015CWJC/13758/2014

Case brief

AI extract

What is this about?

This judgment consolidated twelve civil writ petitions challenging orders of confiscation under the Forest Act, 1927. The High Court directed the District Magistrate as the appellate authority to dispose of the appeals within three months.

What did the court decide?

Direction to District Magistrate to dispose of forest confiscation appeals within three months and consider prayer for provisional release of vehicles time-barred.

Mukesh Kumar and Anr. Vs The State Of Bihar… — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8473 of 2014

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

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Ajit Kumar Singh, S/o- Sukh Deo Prasad Singh, R/o Village- Bhagli, P.S.Nabinagar, District- Aurangabad.

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.... .... Petitioner/s

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Versus

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The State of Bihar through Secretary Forest and Environment Department, Govt. of Bihar at Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Divisional Forest Officer –cum- Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.11037 of 2014

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====================================================== Manoj Kumar Singh, S/o Sri Sakal Singh, R/o Village- Ghatmapur, 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 Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer –cum- Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.12209 of 2014

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

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Nagendra Choudhary, S/o Sri Ram Raj Choudhary, R/o Village- Admapur Tola, 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 Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Divisional Forest Officer cum Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.12955 of 2014

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

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Rakesh Kumar, S/o- Ram Nath Prasad, R/o- Bhojania Place, NH- 33, Mango Jamshedpur, Jharkhand.

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.... .... Petitioner/s

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Versus

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The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Divisional Forest Officer cum Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.13033 of 2014

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====================================================== Firoj Hassan, S/o Mujibul Hassan, R/o Mohalla Jakkisahid, P.O. Sasaram, P.S. Sasaram, District Rohtas.

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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1. The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer cum Authorised Officer Rohtas, Sasaram. .... .... Respondent/s

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====================================================== with

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Civil Writ Jurisdiction Case No.13758 of 2014

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====================================================== 1. Mukesh Kumar. 2. Rakesh Kumar. Both are sons of Gopal Prasad, R/o Village- Karvandiya, P.S. - Sasaram, District- Rohtas. .... .... Petitioner/s

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Versus

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1. The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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1. The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer cum Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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====================================================== with

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Civil Writ Jurisdiction Case No.14811 of 2014

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====================================================== Sunil Kumar Choudhary,S/o - Sri Paras Nath Choudhary, R/o Mohalla - Bhartiganj, P.O. + P.S. - Sasaram, District - Rohtas.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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1. The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer cum Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.17537 of 2014

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====================================================== Digvijay Kumar Singh, S/o Ram Kumar Singh, R/o Village- Karwandiya, P.S.Sasaram, District- Rohtas.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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1. The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer cum Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s

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

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with

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Civil Writ Jurisdiction Case No.17624 of 2014

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====================================================== Sunil Sah, S/o Budhu Sah, R/o Village- Amri (Badhaiya Bag), 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 Secretary, Forest and Environment Department, Govt. of Bihar at Patna.

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer –cum- Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.20514 of 2014 ====================================================== Sanjay Suman, S/o Mathura Prasad Singh, R/o Village - Bhandra, P.S. - Bhandra, District - Lohardaga (Jharkhand). .... .... Petitioner/s Versus 1. The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna. 2. The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer cum Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.20986 of 2014 ====================================================== Vinay Kumar Singh, S/o Upendra Singh, R/o Village- Jamuhar, P.S.- Dehri, District- Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar at Patna. 2. The District Magistrate, Rohtas at Sasaram. 3. The Divisional Forest Officer –cum- Authorised Officer, Rohtas, Sasaram. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.21790 of 2014 ====================================================== Kamoda Devi, wife of Ramashish Sah, resident of Village- Amara Talab, P.S.Sasaram (M), District- Rohtas.

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.... .... Petitioner/s Versus 1. The State of Bihar, through the Principal Secretary, Forest Department, Govt. of Bihar, Patna. 2. The District Magistrate, Rohtas at Sasaram. 3. The authorised Officer –cum- Divisional Forest Officer, Rohtas Forest Division, Sasaram, District- Rohtas. 4. The Forester, Tilauthu –cum- Darigaon Forest Regiona, Sasaram Forest Range, District- Rohtas .... .... Respondent/s ====================================================== Appearance : (In CWJC No.8473 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Ms. Geeta Kumari, GP-28 (In CWJC No.11037 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Ajay Bihari Sinha, SC-19 (In CWJC No.12209 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Shashi Shekhar Pd. Sinha AC to GA-13

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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	(In CWJC No.12955 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Kumar Alok, SC-8 (In CWJC No.13033 of 2014)
	For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Kinkar Kumar, SC-27 (In CWJC No.13758 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Partha Sarthy, GA-11 (In CWJC No.14811 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Smt.N. Nirvikar, GA-10 (In CWJC No.17537 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Kundan Bhadur Singh, SC-22 (In CWJC No.17624 of 2014)
	For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. A. Ujjwal, SC-25 (In CWJC No.20514 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Santosh Kumar Jha, GP-3 (In CWJC No.20986 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Santosh Kumar Jha, GP-3 (In CWJC No.21790 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Roy Shivaji Nath, AAG-3 ======================================================
	CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
2	12-01-2015 Learned counsel for the parties are present
	Learned counsel for the petitioner is permitted to
	mention the number of confiscation appeal in paragraph 1 of
	CWJC No.8473 of 2014 and CWJC No.17537 of 2014.
	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.
	The limited relief prayed by the petitioners in these
	writ petitions is a direction to the appellate authority under the

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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Forest Act, 1927 (hereinafter referred to as ‘the Act’) which in the present matter would be District Magistrate, Rohtas at Sasaram for expeditious disposal of the appeal. The individual details of the writ petitioners are as follows:

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(1) CWJC No.8473 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.18 of 2014 being aggrieved by the order of confiscation dated 25.10.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.5 of 2013 arising from Indrapuri P.S. Case No.487 of 2012.

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(2) CWJC No.11037 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.93 of 2013 being aggrieved by the order of confiscation dated 18.11.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No. 32 of 2013 arising from Forest Case No.16 of 2013.

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(3) CWJC No.12209 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.94 of 2013 being aggrieved by the order of confiscation dated 18.11.2013 passed by the

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.29 of 2013 arising from Forest Case No.15 of 2013.

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(4) CWJC No.12955 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.31 of 2014 being aggrieved by the order of confiscation dated 12.2.2014 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No. 73 of 2013 arising from Bikramganj P.S. Case No.146 of 2013.

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(5) CWJC No.13033 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.91 of 2013 being aggrieved by the order of confiscation dated 24.9.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.34 of 2013 arising from Forest Case No.17 of 2013.

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(6) CWJC No.13758 of 2014 :

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The petitioners of this writ petition have preferred

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Forest Confiscation Appeal No.95 of 2013 being aggrieved by the order of confiscation dated 22.10.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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Sasaram in Confiscation Case No.46 of 2012 arising from Forest Case No.56 of 2012.

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(7) CWJC No.14811 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.29 of 2014 being aggrieved by the order of confiscation dated 11.4.2014 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.17 of 2014 arising from Forest Case No.10 of 2014.

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(8) CWJC No.17537 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.52 of 2014 being aggrieved by the order of confiscation dated 28.8.2014 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No. 22 of 2014 arising from Forest Case No.12 of 2014.

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(9) CWJC No.17624 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.30 of 2014 being aggrieved by the order of confiscation dated 26.3.2014 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.106 of 2013 arising from

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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Forest Case No.60 of 2013.

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(10) CWJC No.20514 of 2014:

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The petitioner of this writ petition has preferred

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Forest Confiscation Appeal No.15 of 2014 being aggrieved by the order of confiscation dated 16.11.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.59 of 2013 arising from Forest Case No.28 of 2013.

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(11) CWJC No.20986 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.80 of 2013 being aggrieved by the order of confiscation dated 15.10.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.11 of 2012(Q) arising from Forest Case No.16 of 2012.

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(12) CWJC No.21790 of 2014 :

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The petitioner of this writ petition has preferred Forest Confiscation Appeal No.16 of 2014 being aggrieved by the order of confiscation dated 11.12.2013 passed by the Divisional Forest Officer –cum- Authorised Officer, Rohtas at Sasaram in Confiscation Case No.74 of 2013(B) arising from Forest Case No.39F of 2013.

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Patna High Court CWJC No.8473 of 2014 (2) dt.12-01-2015

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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 a direction to the District Magistrate, Rohtas at Sasaram –cum- Appellate Authority under ‘the Act’ to consider and dispose of the appeals of these petitioners in accordance with law and after hearing the contesting parties expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order. In case the appeals are not disposed of within the period stipulated hereinabove, the appellate authority would consider the prayer of the petitioners for provisional release of the vehicle in question and which shall be considered and disposed of on its own merits, in accordance with law.

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With the directions aforementioned, these writ petitions stand disposed of.

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(Jyoti Saran, J)

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SKPathak/-

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Mukesh Kumar and Anr. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mukesh Kumar and Anr. v. The State Of Bihar and Ors.

Case brief

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