Munush Daimari @ Munush Kumar ... vs The State Of Assam And 4 Ors
2022 Latest Caselaw 857 Gua

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GAHC010033712022




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/1436/2022

         MUNUSH DAIMARI @ MUNUSH KUMAR DAIMARI
         S/O. LT. MAHENDRA DAIMARI, VILL. MAZKHUTI, P.S. AND P.O. ROWTA,
         DIST. UDALGURI (BTAD), ASSAM, PIN-784509.

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, FOREST DEPTT.

         2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM
         ARANYA BHAWAN
          PANJABARI
          GUWAHATI
          KAMRUP
          GUWAHATI-781037.

         3:DIVISIONAL FOREST OFFICER
          SONITPUR EAST DIVISION
          BISWANATH
         ASSAM
          PIN-784025.

         4:ASSTT. CONSERVATOR OF FOREST
          O/O. DIVISIONAL FOREST OFFICER
          SONITPUR EAST DIVISION
          BISWANATH
         ASSAM
          PIN-784025.

         5:THE FOREST RANGE OFFICER
          BORGANG RANGE
          SONITPUR EAST DIVISION
          PIN-784025
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Advocate for the Petitioner   : MR G KAKOTI

Advocate for the Respondent : SC, FOREST




                                            BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

10-03-2022

Heard Mr. P. Thakuria, learned counsel for the petitioner and Mr. K. P. Pathak, learned Standing counsel, Forest Department for all the respondent Nos. 1 to 5.

Petitioner's Kobelco Excavator SK 210 HDLC-8 (Pokland Vehicle) (Machine No. YQ12- B1499 Engine No. JOETA-41282) was seized by the Forest Range Officer, Sonitpur East Division, Biswanath Chariali on 07.12.2019 in Case No.BG/08 of 2019-2020.

Against the order dated 24.08.2020, passed by the Divisional Forest Officer, Sonitpur East Division, Biswanath Chariali, petitioner preferred an appeal under Section 49(C) of the Assam Forest Regulation, 1981 in the Court of learned Additional Sessions Judge (FTC), Biswanath Chariali being Misc. Appeal No.03/2020 and by judgment dated 27.01.2022 the said Appellate Court upheld the said confiscation order dated 24.08.2020, passed by the said Divisional Forest Officer, Sonitpur East Division, Biswanath Chariali.

Hence this writ petition by the petitioner for release of his said Kobelco Excavator SK 210 HDLC-8 (Pokland Vehicle) (Machine No. YQ12-B1499 Engine No. JOETA-41282).

Issue notice, returnable by 31.03.2022.

As Mr. K. P. Pathak, learned Standing counsel, Forest Department has accepted notice on behalf of all the respondent Nos. 1 to 5, no formal notice need be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. K. P. Pathak, by tomorrow, obtaining necessary acknowledgement from him in that regard.

Until further order of the Court, the respondents in the Forest Department shall not sale Page No.# 3/3

the said Kobelco Excavator SK 210 HDLC-8 (Pokland Vehicle) (Machine No. YQ12-B1499 Engine No. JOETA-41282) of the petitioner by way of auction or by any other process.

JUDGE

Comparing Assistant