Mithlesh Chaudhary vs The State Of Bihar
2021 Latest Caselaw 5922 Patna

Citation : 2021 Latest Caselaw 5922 Patna
Judgement Date : 7 December, 2021

Patna High Court

Mithlesh Chaudhary vs The State Of Bihar on 7 December, 2021

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2336 of 2021
     ======================================================

Mithlesh Chaudhary son of Late Sheo Bachan Chaudhary Resident of Village- Darekhap, P.S.- Nasriganj, District- Rohtas

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna

2. The District Magistrate, Rohtas at Sasaram

3. The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. Anant Pd. Singh, SC-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 07-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"1. For issuance of an appropriate writ in the nature of mandamus or any other writ/writs, order/orders, direction/directions, commanding the Respondent no. 2 to dispose of the Forest (Confiscation) Appeal No. 03/2020 within a specific period which has been filed on behalf of the petitioner on 27.08.2020 before the Respondent no. 2 for setting aside the order dated 12.02.2020 passed by Respondent no. 3 in Confiscation Case No. 43/2019(A) arising out of Patna High Court CWJC No.2336 of 2021 dt.07-12-2021

Forest Case No. 26 of 2019 in which the truck of the petitioner bearing Registration No. BR- 24GA-7231 has been seized and further for directing the Respondent no. 2 to release the truck of the petitioner during the pendency of appeal."

The limited prayer which the petitioner makes is

expeditious disposal of the appeal, pending before the

Appellate Authority.

Learned counsel for the respondents could not state

as to whether the said appeal, filed in the year 2020, is yet

pending or not.

Be that as it may, the present petition is disposed of

in the following terms:-

(a). Petitioner shall appear before the Appellate

Authority on 4th of January, 2022 and place on record a copy

of the order;

(b) The Appellate Authority shall consider and

decide the petitioner's appeal by passing a reasoned and

speaking order, within a period of eight weeks from the date

of presentation of a copy of this order before the Appellate

Authority;

(c) Equally, liberty reserved to the parties to take Patna High Court CWJC No.2336 of 2021 dt.07-12-2021

recourse to such other remedies as are otherwise available in

accordance with law;

(d) We are hopeful that as and when petitioner

takes recourse to such remedies, as are otherwise available in

law, before the appropriate forum, the same shall be dealt

with, in accordance with law and with reasonable dispatch;