Patna High Court
Ladum Singh vs The State Of Bihar on 11 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2704 of 2020
======================================================
Ladum Singh, Son of Badan [email protected] Badan Mahto, Resident of Village-
Lohradih, Police Station- Tilauthu, 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, Advocate
For the Respondent/s : Mr.Chitranjan Sinha (PAAG2)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted by Hon'ble
the Chief Justice/ Hon'ble Judges through Video Conferencing
from their residential offices/residences. Also, the Advocates
and the Staffs joined the proceedings through Video
Conferencing from their residences/offices.)
Date : 11-02-2022
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. JH01T/7153 in
favour of the petitioner in connection with
Forest Case No. 48 of 2019 under Sections
33, 41 and 42 of Forest Act, corresponding
Confiscation Case No. 49 of 2019 to the
Patna High Court CWJC No.2704 of 2020 dt.11-02-2022
satisfaction of Learned Divisional Forest
Officer-cum-Authorized Officer, Rohtas
Forest Division, Sasaram, District -Rohtas
within a specified period."
Informant has alleged in FIR that while he was
checking the vehicle coming from Akbarpur, a truck came and
when it was stopped, driver of the truck managed to flee away
and thereafter on search, stone chips was recovered from the
said truck, for which Forest Case No. 48 of 2019 was registered
on 22.12.2019 under Sections 33, 41 and 42 of the Forest Act.
Petitioner is the owner of seized truck and supplier of
the stone chips and sand and for running his business, is
registered under G.S.T. and truck was not seized from
protected forest area rather the same was seized near village-
Majhigawa on Akbarpur-Nauhatta Road, which is at the
distance of about 50 KM from protected forest area.
In facts and circumstances of present case, the
Divisional Forest Officer-Cum-Authorized Officer, Rohtas
Forest Division, Sasaram, District- Rohtas is directed to
provisionally release the seized truck in favour of the petitioner,
who claims to be the registered owner of the seized truck on
submitting the ownership and registration document of the
truck and on furnishing bank guarantee of the value as indicated
in the insurance document of the truck and further furnishing
Patna High Court CWJC No.2704 of 2020 dt.11-02-2022
and undertaking that no 3rd party right will be created on the bus
during pendency of confiscation proceeding.
The release of the truck shall be allowed within a period
of 14 days from the date of furnishing of bank guarantee and the
undertaking as stated above, which would however be subject to
final outcome of the confiscation proceeding.
With aforesaid observations and direction the writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
