JAI PRAKASH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Binod Bihari Singh, learned counsel appearing for the appellant-writ petitioner and Mr. Anirban Kundu, S.C.24 for the State.

(2.) It is feeling aggrieved by a judgment and order dated 21.8.2015 of a learned Single Judge in C.W.J.C. No. 11444 of 2013 whereby the writ petition was dismissed that the petitioner is before this Court.

(3.) Having considered the pleadings in the writ petition, the order passed by the learned Single Judge thereon and the different orders that have been passed in this intra-court appeal, what we gather is that the issue has taken a different turn when in fact all that appellant-writ petitioner wanted to communicate is that until rights are determined by the statutory authority under the Wild Life Protection Act, 1972 (hereinafter referred to as 'the Act'), there can be no restraint on the right of the petitioner to deal with his raiyati land in question and in transferring his rights in favour of any other person simply because there is a notification of the State Government declaring the land in question along with other lands, as a 'Sanctuary' under Section 18 of 'the Act'.