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Patna High CourtCWJC/7414/2021consigned

Sanjay Kumar Gupta v. The State Of Bihar

2025-02-10Mr. Justice Rajiv Roy3 pages

1. IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7414 of 2021 ====================================================== Sanjay Kumar Gupta Son of Ram Jee Sah Resident of Village- 13K, Gram Simral, THE MHOW, Indaur, (M.P., at present- R/o Mohalla- Yusuf Chak, Takiya, P.O. and P.S.- Sasaram Nagar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate-cum-Appellate Authority, Rohtas at Sasaram. 4.

The Divisional Forest Officer-cum-District Forest Officer, Rohtas at Sasaram.

5.

The Forest Range Officer, Tilauthu.

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Adv.

For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-02-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) to issue writ/ writs, order/orders, direction/directions including a writ in the nature of certiorari for quashing the order dated 21.11.2015 passed by the Respondent Divisional Forest Officer, Rohtas at Sasaram in Forest Confiscation No. 160/15 arising out of Forest Case No.

Patna High Court CWJC No.7414 of 2021(6) dt.10-02-2025 2/3 76/15 dated 13.08.2015 (as contained in Annexure-3) whereby and whereunder the vehicle (Truck) bearing Registration No.

MP-09-HG-1601 of the petitioner has been confiscated and further to quash the order dated 02.04.2019 passed by the Respondent District Magistrate, Rohtas at Sasaram in Forest Confiscation Appeal No. 14/2016 (as contained in Annexure-4) by which the Forest Confiscation Appeal preferred by the petitioner and the order of Forest Confiscation case of the said vehicle has been affirmed by Respondent District Magistrate, Rohtas at Sasaram and also to quash the Revisional order dated 13.10.2020 passed by Respondent Principal Secretary in Forest Confiscation Revision Case No.

15/2019 by which Respondent Revisional Authority has already been dismissed the Forest Confiscation Revision of the petitioner, which has been communicated to the petitioner (as contained in Annexure-5)

Patna High Court CWJC No.7414 of 2021(6) dt.10-02-2025 3/3 tot his writ application;

(ii) to issue a writ/ writs, order(s), direction(s) including a writ in the nature of mandamus directing the respondents authorities to release finally the vehicle (Truck) bearing Registration No. MP-09HG-1601 in the favour of the petitioner alongwith the stone chips loaded thereon.

3. On 25.09.2024, one week's time was granted to remove the defect.

4. As the same was not removed and it being a peremptory order, the case stands dismissed on 03.10.2024.

5. Perused the file, consigned.

(Rajiv Roy, J) Vijay Singh/- U T