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Patna High CourtCWJC/7662/2025dismissed

Dinesh Sah v. The State Of Bihar

2026-01-08Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7662 of 2025 ====================================================== 1.

Dinesh Sah Son of Jadolal Sah, Resident of Village- Ward No. 10, Pachrukha Sirisiya, Belahwa, Police Station- navrangiya, District- West Champaran (Bettiah).

2.

Khajanti Yadav, Son of Subhag Yadav, Resident of Village- Ward No. 10, Pachrukha Sirisiya, Belahwa, Police Station- navrangiya, District- West Champaran (Bettiah).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Environment, Forest and Climate Change Department, Government of Bihar, Patna. 2.

The Secretary-cum-Revisional Authority, Environment, Forest and Climate Change Department, Government of Bihar, Patna. 3.

The Divisional Forest Officer-cum-Deputy Director, Valmiki Tigre Reserve, Division- 2, West Champaran (Bettiah).

4.

The District Magistrate-cum-Appellate Authority, District- West Champaran at (Bettiah).

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

For the Petitioner/s :

Mr.Arbind Kumar Singh, Advocate For the Respondent/s :

Mr.Standing Counsel (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-01-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners have moved the Court for the following reliefs:

"(i) for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction, setting aside the order dated 18.12.2024 passed by the Secretary-cumRevisional Authority, Environment, Forest and Climate Change Department, Government of Bihar in Forest Revision Case No. 7/2024 whereby and where under she has been pleased to set aside the interim order dated 02.07.2024

Patna High Court CWJC No.7662 of 2025(7) dt.08-01-2026 2/3 passed by the Ld. District Magistrate -cumAppellate Authority by which he has been pleased to provisionally release both Tractors along with its Cultivator and Rotavator, considering the fact that the Vehicles in question are lying under open Sky without any care and caution within premises of Madanpur Forest Range, during pendency of Case No. CRM No.

1601/2023-24.

ii. for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction, setting aside the order dated 23.01.2024 passed by the Divisional Forest Officer-cum-Deputy Director, Valmiki Tigre Reserve, Division -2, West Champaran in confiscation case No. 12/2022.

iii. for issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to release the Mahindra Tractor bearing Registration No. BR22 GA 4316 DI red colour, Engine No. RGH2MBA0747, Chassis No.

MBNABALGKGRH00075 along with Rotavator in favour of Petitioner No. 1 & Escort Power Track bearing Registration 4645 No. BR-22-Q4645 Engine No. E3204510, Chassis No. B3184418 along with Cultivator in favour of Petitioner No. 2, which have been Seized under section 52(1) of Indian Forest (Bihar Amendment) Act, 1989 and section 50 (1) (C) of Wildlife Protection (Amendment 2006) Act, 1972 and the same are lying in Madanpur Forest Range under Open Sky without any care and caution as such its parts, body, Battery and engine are deteriorating day-by-day."

3. The DFO and the Revisional Authority have passed confiscation order of the tractors belonging to the petitioners.

4. From the facts of the case, it appears that the tractors were involved in illegal activity within forest area and

Patna High Court CWJC No.7662 of 2025(7) dt.08-01-2026 3/3 therefore, in my opinion, the confiscation order cannot be interfered with.

5. This Court had specifically queried, as to within what time the State will be able to auction the tractors in question to which the learned counsel for the State has submitted that the auction can be done within six months.

6. In these circumstances, the State is directed to expedite the auction proceeding after proper valuation by MVI and the petitioners are also permitted to participate in the auction and if the petitioners emerges as the highest bidders then the tractors shall be released in their favour or in favour of the highest bidder.

7. With the observation and direction, this application is dismissed.

(Sandeep Kumar, J) P. Kumar U T