Brijesh Kumar Singh @ Brajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14260 of 2021 ====================================================== Brijesh Kumar Singh @ Brajesh Kumar Singh, Son of Virendra Singh, Resident of Village- Gobina, Police Station- Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Forest Department, Government of 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.Sarvesh Kr. Singh (AAG-13) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 13-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That, the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of mandamus or any other writ/writs, order/orders, command/commands, directing the respondent no. 3 to provisionally release the truck of the petitioner bearing Registration No. UP65AR4195 in connection with Confiscation Case No. 31 of 2021, arising out of Forest Case No. 17 of 2021 under Sections 33, 41 and 42 of the Forest Act."

It is submitted on behalf of counsel for the respondents/state

Patna High Court CWJC No.14260 of 2021 dt.13-01-2022 2/2 that during pendency of this writ petition, the final order of confiscation has been passed by the Confiscating Authoritycum-District Forest Officer, as such, the present petition for provisional release of truck has become infructuous. The writ petition is disposed of with a liberty to petitioner to file an appeal before the appellate authority within four weeks and, if any, such appeal is filed within four weeks, the delay in filing appeal shall be condoned and the District Magistrate-cum-Appellate Authority shall decide the appeal on its own merit within eight weeks from the date of filing of such appeal.

The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

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