Madhuri Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1976 of 2019 ====================================================== Madhuri Devi Wife of Sri Kamlesh Kumar R/o- Village- Badki Paipura kala, P.S. paliganj, Dist- Patna ... ... Petitioner/s

Versus

1. The State of Bihar Principal Secretary, Environment and Forest Department, Govt. of Bihar,Patna

2. The Conservator of Forest, Wildlife Circle Patna

3. The District Magistrate-Cum- Appellate Authority Rohtas at Sasaram

4. The Authorized Officer-cum- Divisional Forest Officer Rohtas Forest Division, Sasaram

5. the Forestor, Tilauthu Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the Respondent/s :

Mr.Chitranjan Sinha (PAG 2) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and the State. Learned counsel for petitioner submits that he has filed revision against the order dated 23.10.2018 vide Annexure-3 which is still pending .

From perusal of Annexure-3 which is annexed to the writ petition, it appears that revision was filed on 19.11.2018. It further appears that vehicle of the petitioner bearing Registration no. JH 07E-2973 has been confiscated in terms of the provisions of Section 52 of the Indian Forest Act. This Court further finds that vehicle is lying in open sky and the same is liable for damage if the same is not released within short time. Therefore, Revisional Authority (respondent no.1) is directed to

Patna High Court CWJC No.1976 of 2019(2) dt.14-02-2019 2/2 dispose of the revision filed by the petitioner, after looking into all the supporting document and affording opportunity of hearing to petitioner, within a period of three months from the date of receipt of copy of this order.

Let this order be communicated to respondent no.1 (Principal Secretary, Environment & Forest Department, Government of Bihar, Patna for compliance.

It is made clear that in the event Revisional Authority does not dispose of the revision filed by the petitioner within the aforesaid period, the revisional Court shall release the vehicle of the petitioner provisionally after verifying the relevant documents with regard to ownership of the vehicle on proper security and bond to his satisfaction. (Sanjay Priya, J) shyambihari/- U