Sampat Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8460 of 2020 ====================================================== Sampat Kumar Sinha, Son of Ram Sarikha Lal, Resident of Mohalla - Gaurakshani, Santosi Path, Sasaram, P.S. - Sasaram Town, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division - Sasaram, District - Rohtas.

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Respondent/s :

Mr.Dhurjati Kumar, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-02-2021 The petitioner's counsel submits that the petitioner's truck has been seized on allegation that it was carrying stone chips.

The submission of the petitioner is that for seizure of stone chips, the petitioner could not have been proceeded against under the provisions of the Forest Act as it is not a forest produce.

The objection of the petitioner to the action having been taken against him, including confiscation case and its maintainability, is an issue which does not concern the Court today.

Patna High Court CWJC No.8460 of 2020(3) dt.09-02-2021 2/3 In today's proceedings, he submits that since the truck of the petitioner is lying in the open and it is his only source of livelihood, his petition for interim release of the vehicle, which has been pending before the Authorized Officer cum Divisional Forest Officer, Sasaram since 10.08.2020, should be disposed of.

The learned State Counsel submits that once the petition for interim release has been filed, he cannot dispute the responsibility or duty of the authority to consider the same and dispose it of, in accordance with law. Having regard to the submissions of the parties, the writ petition does not call for any adjudication and the same need not be kept pending.

The writ application is disposed of with a direction to the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District-Rohtas (Respondent No.3) to take a final decision on the petitioner's application for interim release and pass an order, in accordance with law, expeditiously and preferably within four weeks from the date of receipt/production of a copy of this order.

The writ petition stands disposed of with the

Patna High Court CWJC No.8460 of 2020(3) dt.09-02-2021 3/3 aforesaid directions.

(Madhuresh Prasad, J) PNM U