Sikandar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9338 of 2018 ====================================================== Sikandar Kumar, Son of Sheo Kumar Singh, Resident of Village- Dhaudarh, P.S.- Sasaram (M), 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 Office-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. Servesh Kr.Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-06-2018 Heard Mr. Rajani Kant Singh, learned counsel for the petitioner and learned AC to AAG-13.

The present Writ application has been filed for a direction to Respondent No. 2, District Magistrate, Rohtas at Sasaram to dispose of the Forest (Confiscation) Appeal No. 08 of 2016 which has been preferred on behalf of the petitioner on 21.01.2016 against the order dated 05.10.2015 passed by Respondent No. 3, Divisional Forest Officer -cum- Authorized Officer, Rohtas Forest Division, Sasaram in Confiscation Case No. 141 of 2015, arising out of Forest Case No. 68 of 2015, whereby two Mahendra tractors of the petitioner have been ordered to be confiscated. Since the appeal is pending since last more than two

Patna High Court CWJC No.9338 of 2018 (2) dt.26-06-2018 years, hence, the present writ application.

Learned counsel for the State submits that if the appeal has not been disposed of till date, it will be disposed of within a time frame as directed by this Court. This Court is dismayed to find that the confiscation appeal is pending since more than two and half years before the District Magistrate. It is expected from Respondent No. 2, District Magistrate, Rohtas at Sasaram to dispose of the appeal of the petitioner within four weeks from the date of receipt/production of a copy of this order in accordance with provisions of the Forest Act.

Accordingly, this writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U