Mukesh Kumar @ Mukesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2748 of 2016 ====================================================== Mukesh Kumar @ Mukesh Singh son of Suresh Singh, resident of VillageBasa, P.O.- Karwandia, P.S.- Sasaram, District- Rohtas at Sasaram. .... .... Petitioner

Versus

1. The State of Bihar

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

3. The District Magistrate, Rohtas at Sasaram.

4. The Divisional Forest Officer, Rohtas at Sasaram.

5. The Ranger Officer, Sasaram Forest Area District- Rohtas at Sasaram. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rameshwar Singh For the Respondent/s : Mr. Abbas Haider- Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 25-11-2016 Heard learned counsel for the parties.

This writ petition has been filed praying for a direction to the Authorized Officer cum Divisional Forest Officer, Rohtas at Sasaram for provisional release of the vehicle of the petitioner, bearing registration No. BR24N 7671, which has been seized in connection with Confiscation Case No. 215/2015 arising from Forest Case No. 109/2015, inter alia, on the ground that the vehicle was loaded with illegally mined forest produce. Although in this case a counter affidavit is filed and though the matter is taken up after a year of its filing, but the parties have no information regarding outcome of the confiscation case.

In the circumstances, this Court deems it fit and proper to

Patna High Court CWJC No.2748 of 2016 (3) dt.25-11-2016 direct the Authorized Officer cum Divisional Forest Officer, Rohtas at Sasaram to consider and dispose of the confiscation proceeding in accordance with law expeditiously and preferably within three months from the date of receipt/ production of a copy of this order, in case the confiscation case is not already disposed of.

In case the confiscation case is pending and is not disposed of within the time stipulated above, then the prayer of the petitioner for provisional release of the vehicle be considered and disposed of accordingly within four weeks thereafter bearing in mind the law settled on the issue.

With the aforementioned observation and direction, this application is disposed of.

(Jyoti Saran, J) Surendra/- U