Murlidhar Singh @ Muralidhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6676 of 2020 ====================================================== 1.

Murlidhar Singh @ Muralidhar Singh Son of Janardhan Singh@ Janardan Singh, R/o Village- Kanchanpur,P.S. Sasaram(M), District- Rohtas. 2.

Sonu Kumar Singh, Son of Dineshwar Singh, R/o Village- Kanchanpur,P.S. Sasaram(M), District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Forest Department, Government of Bihar, Patna.

2.

The Chief Conservator of Forest Bihar, Patna. 3.

The District Magistrate Rohtas, Sasaram.

4.

The Authorized Officer Cum Divisional Forest Officer Rohtas, Sasaram. 5.

The District Forest Officer, Rohtas, Sasaram. 6.

The Range Officer Sasaram Forest Area at Sasaram. 7.

The Forestor Tilauthu Cum Darigaon, Forest Circle, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Singh, Advocate Mr. Dheeraj Kumar, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP 14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-11-2021

2/4 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

3/4 It is submitted by learned counsel for the petitioners that they are the owner of the seized vehicle which has been seized by the forest authorities for violation of Sections 33, 41 and 42 of the Forest Act, for which a criminal case under Forest Act has also been instituted and confiscation proceeding for confiscation of the vehicle has also been initiated by the Divisional Forest Officer in Confiscation Case No. 06 of 2020. In the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioners to file a fresh petition before the confiscating authority i.e. respondent no. 4 the Authorised OfficerCum- Divisional Forest Officer, Rohtas, Sasaram, for provisional release of his vehicle.

During pendency of confiscation proceeding, if any application for provisional release of the vehicle is filed, same be disposed of in accordance with law within a period of 30 days from the date of filing of such petition.

Interlocutory application, if any, shall also

4/4 stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Sanjay AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date