Shiv Shankar Singh vs The State Of Bihar
2021 Latest Caselaw 6306 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4767 of 2021
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Shiv Shankar Singh, Son of Doctor Singh, Resident of Village-Mahdewa, Police Station-Dehri, 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. Sarvesh Kr. Singh, AAG 13 Mrs. Sunita Kumari, AC to AAG 13

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 21-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

" 1. That, the petitioner craves indulgence of this Hon'ble Court 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. 06/2020 within a specified period which has been filed on behalf of petitioner on 23.11.2020 before the Respondent No.2 for setting aside the order

in Confiscation Case No. 05/2020(A) arising Patna High Court CWJC No.4767 of 2021 dt.21-12-2021

out of Forest Case No. 05 of 2020 in which the Truck of the petitioner bearing Registration No. JH-05AB/9903, has been seized and further for directing the Respondent No. 2 to release the Truck of the petitioner during the pendency of appeal."

Learned counsel for the petitioner states that

petitioner's appeal is pending before the District Magistrate,

Rohtas at Sasaram and petitioner shall be content if a direction

is issued for expeditious disposal of the same.

Learned counsel for the respondents states that

since the appeal is of the year 2020, the same shall be

considered and decided within a period of three months from

the date of appearance of the petitioner before the Appellate

Authority along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the

following terms:-

(a) Petitioner shall make himself available before

Respondent No. 2 on 10th of January, 2022;

(b) Opportunity shall be granted to the parties to

place on record all essential documents and materials, if so

required and desired;

(d) Petitioner through learned counsel undertakes

to fully cooperate and not take unnecessary adjournment; Patna High Court CWJC No.4767 of 2021 dt.21-12-2021

(e) The Appellate Authority shall decide the appeal

on merits, in compliance of the principles of natural justice;

(f) The Appellate Authority shall pass a reasoned

and speaking order, within a period of three months from the

date of appearance of the petitioner before the Appellate

Authority;

(g) Copy of the order passed by the Appellate

Authority shall be supplied to the parties;

(g) Equally, liberty reserved to the parties to take

recourse to such other remedies as are otherwise available in

accordance with law;

(h) 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;

(i) We have not expressed any opinion on merits

and all issues are left open;

(j) Liberty reserved to the petitioner to assail the

order, before the appropriate forum, should the need so arise

subsequently.

The instant petition sands disposed of in the

aforesaid terms.

Patna High Court CWJC No.4767 of 2021 dt.21-12-2021

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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