Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3054 of 2020 ====================================================== Mahendra Rai Son of Late Ram Bhaju Rai Resident of Village- Barki Akorhi, Police Station- Kargahar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Forest Department, Government of Bihar, Patna. 3.

The Divisional Forest Officer, Rohtas at Sasaram. 4.

The Banpal, Darigaon, Rohtas at Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar Singh, Advocate For the Respondent/s :

Mr.Anant Prasad Singh (SC15) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (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.) 11-02-2022 Petitioner has prayed for following relief(s) : - "(i) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent no.3, where Confiscation Case no.46 of 2019 (arising out of Forest Case No.28 of 2019) is pending, to release the Truck/vehicle bearing Registration No.BR 24GA 1925 in favour of the petitioner which has been seized in connection with Forest Case No.28 of 2019 registered under Section 33, 41, 42 and 52 of Forest Act.

(ii) For holding that non release of the aforesaid vehicle of the petitioner by the respondent authorities during the pendency of the Confiscation Case No.46 of 2019 is arbitrary, illegal, unconstitutional and violative

Patna High Court CWJC No.3054 of 2020(3) dt.11-02-2022 2/2 of the concerned provisions of Forest Act and Rules as well as provision ofCr. P.C.

(v) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

After the matter was heard for some time, finding the Bench not to be in favour of the submission made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that, in view of the intervening developments, the petition may be permitted to be withdrawn. Prayer allowed.

Petition is disposed of as withdrawn.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U