Patna High Court
Sanjay Kumar Singh vs The State Of Bihar on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10578 of 2020
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Sanjay Kumar Singh, S/o Triveni Prasad Singh, R/o Village- Babhanpura,
P.S.- Nokha, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Forest Department,
Government of Bihar, Patna.
2. The Chief Conservator of Forest, Bihar, Patna.
3. The District Magistrate, Rohtas, Sasaram.
4. The Authorized Officer cum Divisional Forest Officer, Rohtas, Sasaram.
5. The Range Officer, Sasaram Forest Area at Sasaram.
6. The Forestor Tirlauthu, Forest Circle District- Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uma Shankar Singh, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-12-2021
The petitioner has prayed for the following relief/s :-
" (i) For the issuance of an appropriate
writ/direction to the Respondent No.4 to release the
Vehicle bearing Registration No. UP51T/3183 which
is subject matter of the confiscation case No. 24/2020
arising out of Bikramganj Forest Case No.1/2020
Patna High Court CWJC No.10578 of 2020 dt.06-12-2021
pending before Respondent No.4.
(ii) For the issuance of an appropriate
writ/order to consider release of Vehicle during
pendency of Confiscation Case No. 24/2020 arising
out of Bikramganj Forest Case NO. 1/2020 pending
before Respondent No.4.
(iii) For the issuance of any other
writ/order/direction as your lordship may deem fit &
proper for the ends of Justice or to allow the relief to
which the petitioner is found entitle by this Hon'ble
Court."
It is submitted by learned counsel for the State that
during pendency of this writ petition, final order dated
01.01.2021 (Annexure-R/4 of counter affidavit) has been passed
by the confiscating authority in Confiscation Case No.24 of
2020 arising out of Bikramganj Forest Case No. 01 of 2020 as
such present writ petition for provisional release of vehicle has
become infructuous.
As such, writ petition is disposed of with liberty to the
petitioner to avail the remedy of appeal against the final order
dated 01.01.2021 passed by the Confiscating Authority in
confiscation case no.24 of 2020 arising out of Bikramganj
Forest Case No.01 of 2020.
If any such appeal is filed within four weeks Appellate
authority shall condone the delay in filing the appeal, as the
matter remained pending before this Court and shall decide the
Appeal on its own merit within 8 weeks from the date of filing
Patna High Court CWJC No.10578 of 2020 dt.06-12-2021
of such appeal and after affording reasonable opportunity to all
parties concerned.
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/sujit
AFR/NAFR
CAV DATE
Uploading Date 10.12.2021
Transmission Date
