Vinod Kumar Sahu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6809 of 2016 ====================================================== Vinod Kumar Sahu, S/o Late Devendra Prasad Sahu, Resident of Village - Darima, P.S. - Keoti, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Forest and Environment Department, Government of Bihar. 3.

The Divisional Forest Officer, Jamui Forest Division, Jamui. 4.

The Divisional Forest Officer, Mithila Forest Division, Darbhanga. 5.

The Range Officer of Forest, Benipur Range, Benipur. 6.

The Range Officer of Forest, Sheikhpura Range, Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Mishra, Adv.

For the Respondent/s :

Mr.Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 15-04-2019 Heard learned counsel for the petitioner as well as respondents and the State.

2. Counter affidavit has been filed on behalf of the respondent.

3. Learned counsel for the petitioner submits that he was holding a valid transit permit which has been enclosed as Annexure-2 series. He has also pointed out that the aforesaid transit permit has been confirmed by the authority which has been enclosed as Annexure-7 series. Learned counsel for the petitioner further submits that all these documents have not been taken into

Patna High Court CWJC No.6809 of 2016 dt.15-04-2019 2/2 consideration by the Confiscating Authority while passing order as contained in Annexure-11.

4. Learned counsel for the State submits that there is statutory provision of appeal under Section 52 A of the Indian Forest Act. Therefore, this applcation may be disposed of with direction to the petitioner to file appeal before appropriate authority under Section 52 A of the Indian Forest Act, bringing all the relevant document to the notice of the Appellate Authority.

5. Therefore, this writ application is disposed off with direction to the petitioner to file appeal before the appellate authority within a period of one month.

6. The appellate authority will pass final order in accordance with law within three months from the date of filing of appeal after giving proper opportunity of hearing to the petitioner and looking into all the relevant documents filed by him.

7. The appellate authority will condone the delay in filing the appeal since the petitioner was pursuing the remedy before this court.

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