Bipin Kumar vs The State Of Bihar
2021 Latest Caselaw 5923 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1729 of 2021
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Bipin Kumar S/o-Ram Kripal Singh R/o Village-Gopibigha, P.S.-Dehri, 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 ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh, Advocate Mr. Dheeraj Kumar, Advocate For the Respondent/s : Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 07-12-2021

Heard learned counsel for the parties.

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

"1.(i) For the issuance of an appropriate writ/direction to the Respondent No.4 to release the Vehicle bearing Registration No. JH02M/7999 which is subject matter of the confiscation case No. 87 /2020 (A) arising out of Dehri Forest Case No. 42/2020.

(ii) For the issuance of any other writ/order/direction as your lordship may deem Patna High Court CWJC No.1729 of 2021 dt.07-12-2021

fit & proper for the ends of Justice or to allow the relief to which the petitioner is found entitle by this Honble Court."

It is submitted by Mr. Raghwanand, learned

Government Advocate No. 11 appearing on behalf of the State

of Bihar that during pendency of the writ petition, final order of

confiscation of the vehicle in question has been passed by the

Authorized Officer-cum-Divisional Forest Officer, Rohtas,

Sasaram. As such, the present writ petition for provisional

release of the vehicle in question has become infructuous.

As such, the present writ petition is disposed of with

liberty to the petitioner to challenge the order passed by the

Authorized Officer-cum-Divisional Forest Officer, Rohtas,

Sasaram before the Appellate Authority. If any such appeal is

filed within a period of four weeks from today, the Appellate

Authority shall condone the delay in filing of the appeal, as the

matter remained pending before this Court and the Appellate

Authority shall decide the appeal on its merit within a period of

eight weeks from the date of its filing along with a copy of this

order.

With the aforesaid observation/direction/liberty, the

writ petition is disposed of.

Patna High Court CWJC No.1729 of 2021 dt.07-12-2021

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date