Arjun Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3127 of 2015 ====================================================== Arjun Singh, son of Nathuni Singh, resident of village- Bhavnathpur, Police Station- Nauhtta, District- Rohtas at Sasaram (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Conservator of Forest Bihar, Patna.

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

4. The District Magistrate, Rohtas at Sasaram.

5. The Divisional Forest Officer, Rohtas at Sasaram.

6. The District Forest Officer, Rohtas at Sasaram.

7. The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram.

8. The Ranger, Darigaon Forest Area, Sasaram East Range, Rohtas at Sasaram.

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

For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Ritesh Kumar, SC-33 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-05-2015 Learned counsel for the parties are present.

The limited relief prayed by the petitioner in this writ petition is for a direction to the revisional authority under the Indian Forest Act, 1927, who in the present case would be the Secretary, Forest and Environment Department, Government of Bihar, Patna for expeditious disposal of the revision case filed on behalf of the petitioner. While praying as such the petitioner has also prayed for provisional release of the vehicle pending adjudication of the revision case. The grievance of the petitioner is that the revision case is pending before the revisional authority and there being

Patna High Court CWJC No.3127 of 2015 (2) dt.06-05-2015 no sign of its expeditious disposal, the vehicle which is subject matter of the revisional proceedings would be rendered obsolete since the same is kept under open sky and thus subjected to the vagaries of weather as well as wear and tear. The petitioner has preferred Forest Revision Case No.23 of 2014 being aggrieved by the order of the appellate authority i.e. the Collector, Rohtas at Sasaram in Forest Confiscation Appeal No.8 of 2012 whereby the appeal of the petitioner has been dismissed and the order passed in Confiscation Case No.36 of 2011 arising from Forest Case No.49 of 2011 has been affirmed.

Having heard learned counsel for the parties and taking into consideration the limited prayer made by the petitioner, this writ petition is disposed of with the direction to the Secretary, Forest and Environment Department -cumRevisional Authority under the Indian Forest Act, 1927 to consider and dispose of the revision of the petitioner in accordance with law and after giving opportunity of hearing to the contesting parties, expeditiously and preferably within three months from the date of receipt/production of a copy of this order. In case for any reason the revision is not disposed of within the period stipulated hereinabove, the revisional

Patna High Court CWJC No.3127 of 2015 (2) dt.06-05-2015 authority would consider the prayer of the petitioner for provisional release of his vehicle in question and dispose of the same within one month thereafter in accordance with law. With the observations/directions aforementioned, this writ petition is accordingly disposed of.

(Jyoti Saran, J) SKPathak/- U