Ramnath Yadav vs The State Of Bihar
2021 Latest Caselaw 5927 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1674 of 2021
     ======================================================

Ramnath Yadav S/o Babu Ram Yadav, R/o Village - Alapur Banpokhra, P.S.- Banpokhra, District - Mau.

... ... 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. Dheeraj Kumar, Advocate Mr. Uma Shankar Singh, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13 ====================================================== 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 Patna High Court CWJC No.1674 of 2021 dt.07-12-2021

release the Vehicle bearing Registration No. UP53AT/5556 which is subject matter of the confiscation case No. 87/2O2O (B) arising out of Dehri Forest Case No. 42/2O2O.

(ii) 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 on behalf of the State that during

pendency of the writ petition, final order of confiscation dated

14th of January, 2021 (Annexure-R/4) has been passed by the

Authorized Officer-cum-District Forest Officer, Rohtas,

Sasaram, by which truck of the petitioner has been confiscated.

As such, the writ petition is disposed of with liberty

to the petitioner to avail the remedy of appeal against the order

passed by the Authorized Officer-cum-District Forest Officer,

Rohtas, Sasaram, before the Appellate Authority. If any such

appeal is filed within a period of four weeks from today, delay,

if any, in filing of such appeal shall be condoned, 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 Patna High Court CWJC No.1674 of 2021 dt.07-12-2021

writ petition is disposed of.

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