Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10578 of 2020 ====================================================== Sanjay Kumar Singh, S/o Triveni Prasad Singh, R/o Village- Babhanpura, P.S.- Nokha, 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 Forestor Tirlauthu, Forest Circle District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sarvesh Kumar Singh, AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-12-2021 The petitioner has prayed for the following relief/s :- " (i) For the issuance of an appropriate writ/direction to the Respondent No.4 to release the Vehicle bearing Registration No. UP51T/3183 which is subject matter of the confiscation case No. 24/2020 arising out of Bikramganj Forest Case No.1/2020

Patna High Court CWJC No.10578 of 2020 dt.06-12-2021 2/3 pending before Respondent No.4.

(ii) For the issuance of an appropriate writ/order to consider release of Vehicle during pendency of Confiscation Case No. 24/2020 arising out of Bikramganj Forest Case NO. 1/2020 pending before Respondent No.4.

(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."

It is submitted by learned counsel for the State that during pendency of this writ petition, final order dated 01.01.2021 (Annexure-R/4 of counter affidavit) has been passed by the confiscating authority in Confiscation Case No.24 of 2020 arising out of Bikramganj Forest Case No. 01 of 2020 as such present writ petition for provisional release of vehicle has become infructuous.

As such, writ petition is disposed of with liberty to the petitioner to avail the remedy of appeal against the final order dated 01.01.2021 passed by the Confiscating Authority in confiscation case no.24 of 2020 arising out of Bikramganj Forest Case No.01 of 2020.

If any such appeal is filed within four weeks Appellate authority shall condone the delay in filing the appeal, as the matter remained pending before this Court and shall decide the Appeal on its own merit within 8 weeks from the date of filing

Patna High Court CWJC No.10578 of 2020 dt.06-12-2021 3/3 of such appeal and after affording reasonable opportunity to all parties concerned.

With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/sujit AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date