Patna High CourtCWJC/6902/2014disposed

Veer Pratap Singh @ Munna Singh v. The State Of Bihar And ORS

2015-04-01Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6902 of 2014 ====================================================== Veer Pratap Singh @ Munna Singh son of Baban Singh, resident of Village Tenduni (Ward No. 3), Police Station Bikramganj, District-Rohtas .... .... Petitioner/s

Versus

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

2. The Divisional Forest Officer-cum-Authorised Officer, Rohtas Forest Division, Rohtas at Sasaram

3. Forester (Forest Officer), Sasaram, Rohtas .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Respondent/s : Mr. Sharad Kr. Sinha, G.P.-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-04-2015 This writ petition has been filed for quashing the order dated 8.10.2013 passed by the Divisional Forest Officer-cumAuthorised Officer, Rohtas Forest Division, Rohtas at Sasaram in Confiscation Case No. 97 of 2013 whereby the confiscation proceeding has been drawn on the seized vehicle of the petitioner bearing Registration No. WB 23B-1881.

On call, Mr. Sanjay Kumar Tiwary, learned counsel for the petitioner has submitted that during the pendency of the writ petition, the Confiscation Case No. 97 of 2013 has been disposed of.

Section 52A of the State Amendment vide Bihar Act 9 of 1990 to the Indian Forest Act, 1927 provides for a remedy of

Patna High Court CWJC No.6902 of 2014 (2) dt.01-04-2015 appeal to such of the aggrieved and which lies before the District Magistrate.

In view of the circumstances discussed the prayer for interim release of the vehicle cannot be gone into by this Court at this stage and the writ petition is disposed of with liberty to the petitioner to take recourse to the remedy of statutory appeal as provided under the Act, if so advised.

The writ petition is disposed of. .

(Jyoti Saran, J) S.Sb/- U