Murlidhar Singh @ Muralidhar ... vs The State Of Bihar
2021 Latest Caselaw 5210 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.6676 of 2020

     ======================================================

1. Murlidhar Singh @ Muralidhar Singh Son of Janardhan [email protected] Janardan

Singh, R/o Village- Kanchanpur,P.S. Sasaram(M), District- Rohtas.

2. Sonu Kumar Singh, Son of Dineshwar Singh, R/o Village- Kanchanpur,P.S.

Sasaram(M), 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 District Forest Officer, Rohtas, Sasaram.

6. The Range Officer Sasaram Forest Area at Sasaram.

7. The Forestor Tilauthu Cum Darigaon, 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. Dhurjati Kumar Prasad, GP 14

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

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 15-11-2021 Patna High Court CWJC No.6676 of 2020 dt.15-11-2021

Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):- Patna High Court CWJC No.6676 of 2020 dt.15-11-2021

It is submitted by learned counsel for the

petitioners that they are 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 criminal case under Forest Act has also been

instituted and confiscation proceeding for confiscation

of the vehicle has also been initiated by the Divisional

Forest Officer in Confiscation Case No. 06 of 2020.

In the facts and circumstances of the case,

this writ petition is disposed of with liberty to the

petitioners to file a fresh petition before the confiscating

authority i.e. respondent no. 4 the Authorised Officer-

Cum- Divisional Forest Officer, Rohtas, Sasaram, for

provisional release of his vehicle.

During pendency of confiscation proceeding,

if any application for provisional release of the vehicle

is filed, same be disposed of in accordance with law

within a period of 30 days from the date of filing of

such petition.

Interlocutory application, if any, shall also Patna High Court CWJC No.6676 of 2020 dt.15-11-2021

stand disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Sanjay AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date