The Patna High Court held that writ petitions seeking enforcement of bail via compounding payments under the Indian Forest Act and Forest Conservation Act had become infructuous following the petitioner's deposit of the fixed amounts.
The writ petitions were disposed of as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2064 of 2019
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Bikas Kumar Jha son of Sri Yogananad Jha R/o 18-A,Shaheedjeet Singh Marg, Katwariasarai,POSOCO,NRLDC New Delhi,presently posted at Power System Operation Corporation Limited (POSOCO) ,NRLDC,New Delhi100016 (at the time of incident,Deputy Manager,posted at Gaya,in Bihar Grid Company Limited, on deputation from power Grid Corporation of India Limited)
... ... Petitioner/s
Versus
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 2118 of 2019
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Bikas Kumar Jha son of Sri Yoganand Jha R/o 18-A,Shaheedjeet Singh Marg, Katwariasarai, POSOCO,NRLDC,New Delhi,presently posted at Power System Operation Corporation Limited (POSOCO),NRLDC, New Delhi-100016(at the time of incident,Deputy manager,posted at Gaya,in Bihar Grid Company Limited,on deputation from power Grid Corporation India Limited)
... ... Petitioner/s
Versus
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 2102 of 2019
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Bikas Kumar Jha son of Sri Yoganand Jha R/o18-A,Shaheedjeet Singh Marg, Katwariasarai,POSOCO,NRLDC,New Delhi,presently posted at power System Operation Corporation Limited (POSOCO), NRLDC,New Delhi100016 (at the timer of incident,Deputy Manager,posted at Gaya, in Bihar
Patna High Court CWJC No.2064 of 2019 dt.07-03-2019 2/3
Grid Company Limited,on deputation from Power grid Corporation of India Limited)
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 2064 of 2019) For the Petitioner/s : Mr.Harendra Kumar Tiwary For the Respondent/s : Mr.Chitranjan Sinha PAAG-2 Mr. Shailendra Kumar AC to PAAG-2 (In Civil Writ Jurisdiction Case No. 2118 of 2019) For the Petitioner/s : Mr.Harendra Kumar Tiwary For the Respondent/s : Mr.Sanjay Kumar AC to SC-15 (In Civil Writ Jurisdiction Case No. 2102 of 2019) For the Petitioner/s : Mr.Harendra Kumar Tiwary For the Respondent/s : Mr.Gajendra Prasad Singh SC-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT
Date : 07-03-2019
All these writ applications have been filed for issuance of
appropriate writ(s) orders(s) and direction to respondents for calculating compounding amount so that by complying conditional order dated 12/12/2017 (Annexure-6) passed in A.B.P. Nos. 2106 of 2017, 2105 of 2017 and 2107 of 2017, for grant of anticipatory bail, be complied with and the petitioner be enlarged on bail in Forest case Nos. 37 of 2017, 36 of 2017 and 43 of 2017 respectively for the offences under Section 33 of Indian Forest Act, 1989 and for the violation of Section 2 of Forest (Conservation ) Act, 1980.
Patna High Court CWJC No.2064 of 2019 dt.07-03-2019 3/3
Supplementary affidavits have been filed in all these writ petitions which are taken on record.
A counter affidavit has been filed on behalf of the respondent no.3 in C.W.J.C. No. 2064 of 2019 , wherein, it has been stated that compounding amount of Rs. 5000/- ( five thousand) each has been fixed in all the three writ petitions. The order passed by the competent authority has been annexed as Annexure- B series to the counter affidavit.
Learned counsel for petitioner submits that now the grievance of the petitioner has been redressed. He further submits that he has already deposited the compounding amount in the Court below through challan in all the three writ petitions.
In such view of the matter, all these writ petitions have now become infructuous.
Accordingly, the writ petitions are disposed of as having become infructuous.
(Sanjay Priya, J)
shyambihari/-
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| Uploading Date | 13.3.2019 |
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1 issue framed by the court
Whether the writ petitions remain maintainable after the petitioner deposited the compounding amount fixed in the prior order.
Bikas Kumar Jha
The State of Bihar through Principal Secretary, Forest and Environment Department, Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
