Patna High CourtCWJC/3948/2015disposed

Ram Swarup Singh v. The State Of Bihar And ORS

2015-06-23Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3948 of 2015 ====================================================== Ram Swarup Singh S/o Late Ambo Singh, resident of village-Karisowa, Police Station - Wazirganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Deptt. of Forest, Govt. of Bihar, Patna.

2. The Forest Range Officer, Forest Area Gurpa, P.S. - Wazirganj, Distt. - Gaya.

3. The Collector, Gaya.

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

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Respondent/s : Mr. Vivek Prasad, G.P.-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-06-2015 Heard Mr. Abhimanyu Sharma for the petitioner and Mr. S.K. Saraf, Assisting Counsel to G.P.-18.

The limited grievance of the petitioner is that the Forest Appeal No. 10 of 2007 filed by the petitioner questioning the order passed in Confiscation Case No. 30 of 2005 by the Divisional Forest Officer, Gaya has remained pending since last 8 years before the Collector, Gaya. He prays for appropriate direction to the Collector, Gaya.

Mr. Abhimanyu Sharma submits that the Forest Appeal which has been filed way back in the year 2007 has not even been heard on admission. This is rather peculiar and no amount of explanation can justify the delay for 8 years. The Collector, Gaya

Patna High Court CWJC No.3948 of 2015 (2) dt.23-06-2015 performing statutory functions as an appellate authority under the Forest Act, 1927 has to find time to discharge the role of an appellate authority under the Act and dispose of such matters more particularly where it concerns goods which are perishable in nature.

Having heard learned counsel for the parties and taking note of the fact that the appeal of the petitioner has remained pending for 8 long years, this writ petition is disposed of with a direction to the Collector, Gaya to consider and dispose of the Forest Appeal No. 10 of 2007 in accordance with law and after giving an opportunity of hearing to the petitioner expeditiously and preferably within 3 months from the date of receipt/ production of a copy of this order.

(Jyoti Saran, J) S.Sb/- U