Dhritrashtra Kumar vs The State Of Bihar
2021 Latest Caselaw 5203 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9627 of 2020
     ======================================================

Dhritrashtra Kumar Son of Late Shyam Bihari Singh Resident of Village-

Mahadeva-Gopi Bigha, P.O.-Jamuhar, P.S.-Dehri, District-Rohtas.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal secretary, Department of Forest and

Environment, 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, Adv For the Respondent/s : Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 15-11-2021 Heard learned counsel for the parties.

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

"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 command/commands directing the provisional release of the truck bearing Registration No. UP-65BT/8687, Engine No. 21B84047541, Chasis No. MAT 448035C5C07483 in favour of the petitioner in Patna High Court CWJC No.9627 of 2020 dt.15-11-2021

connection with Forest Case NO. 14 of 2020 under Sections 33, 41 and 42 of the Forest Act, corresponding Confiscation Case No. 20/2020 to the satisfaction of learned Divisional Forest Officer cum Authorized Officer, Rohtas Forest Division, Sasaram, District Rohtas within a specified period."

It is submitted by learned counsel for the petitioner that

he is the owner of the seized vehicle which has been seized by

the forest authorities for violation of Sections 33, 41 and 42 of

the Forest Act, for which a case under Forest Act has been

instituted as well as confiscation proceeding of the vehicle has

also been initiated by the Divisional Forest Officer being

Confiscation Case No. 20 of 2020.

In the facts and circumstances of the case, this writ

petition is disposed of with liberty to the petitioner to file a

petition before the confiscating authority i.e. respondent no. 3

Divisional Forest Officer cum Authorized Officer, Rohtas Forest

Division, Sasaram, Rohtas, for provisional release of his

vehicle, during pendency of confiscation proceeding.

The writ petition is disposed of with liberty to the

petitioner to file a petition before the concerned Confiscating

Authority for provisional release of the vehicle and if any such

application is filed with certified copy of order passed by this

Court, same be disposed of in accordance with law within 30 Patna High Court CWJC No.9627 of 2020 dt.15-11-2021

days from the date of filing of such petition.

(Sanjay Karol, CJ)

(S. Kumar, J) ranjan/-

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