Vishal Gupta v. The State Of Bihar Through The Principal Secretary Forest Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.66 of 2015 ======================================================

1. Vishal Gupta son of Late Suresh Prasad resident of village Naya Godam Adda, P.S. Kotwlai, District Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Forest Officer, Gaya Forest Division, Gaya.

3. The District Magistrate, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Respondent/s : Mr. Harish Kumar(Gp-32) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-08-2015 It would appear from the averments made in paragraphs 14 and 15 of the writ application that the subject matter of dispute has already been confiscated by the Divisional Forest Officer, Gaya vide order dated 26.04.2014 in Forest Confiscation Case No. 40 of 2013 and against the said order the petitioner has already filed an appeal bearing Forest Confiscation Appeal No.7 of 2014, which has been admitted and is pending before the appellate authority.

In view of the aforesaid averments made in the writ application, the instant application for release of the confiscated forest produce (Deodar wood) is not maintainable. Accordingly the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T