Raj Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7884 of 2019 ====================================================== Raj Chauhan S/o-Shiv Nand Chauhan, R/o Village-Bhuwara, P.O.-Baknaura, P.S.-Rohtas, 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 Range Officer Sasaram Forest Area at Sasaram. 6.

The Forester Tilauthu, Forest Circle District-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Respondent/s :

Mr. PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE HARISH KUMAR) 03-02-2023 The matter has been heard through video conferencing.

2. Heard Mr. Sanjay Kumar Tiwary, learned counsel appearing on behalf of the petitioner and the learned counsel for the State.

3. The present writ application has been filed seeking following reliefs:

"(i) For the issuance of an appropriate writ/order to quash the proceeding of confiscation case No. 9/2019

Patna High Court CWJC No.7884 of 2019(3) dt.03-02-2023 2/3 arising out of Dehri Forest case No. 7/2019 pending before Respondent No. 4.

(ii) For the issuance of an appropriate writ/direction to the Respondent No. 4 to release the Vehicle bearing Registration No. BR24G/9519 Chassis No.

5557387R1, Engine No. RENW01944 which is subject matter of the confiscation case No. 9/2019 arising out of Dehri Forest Case No.

7/2019.

(iii) For the issuance of any other writ/order/direction as your lordship may deem fit & proper for the ends of Justice or to allow the relief to which the petitioner is found entitle by this Hon'ble Court."

4. At the outset, learned counsel for the petitioner submits that for redressal of his grievance regarding release of the vehicle, bearing Registration No. BR24G 9519, the petitioner has already filed a petition before the Court of Authorized Officer cum Divisional Forest Officer, Rohtas at Sasaram way-back on 16.03.2019, however, the same has not been disposed of till date.

5. Be that as it may, the present writ application stands disposed of with a direction to the respondent no. 4 to dispose of the petition, the copy of which has been annexed as Annexure -3 to the writ application, expeditiously and latest within a period of one month from the date of receipt/production of a copy of

Patna High Court CWJC No.7884 of 2019(3) dt.03-02-2023 3/3 this order, if already not done, keeping in view, the vehicle is kept seized for the last four years.

6. The petitioner is at liberty to file additional petition/affidavit before the concerned Authorized Officer cum Divisional Forest Officer at Sasaram bringing on record all the relevant necessary materials and orders/judgments of this Court, which would be considered by the respondent authority at the time of passing of the order.

(Ahsanuddin Amanullah, J) (Harish Kumar, J) shivank/udayU