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Patna High CourtCWJC/3064/2021disposed

Ramanand Yadav, v. The State Of Bihar

2021-12-14The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3064 of 2021 ====================================================== Ramanand Yadav, son of Harihar Yadav Resident of Village- Damarapur, P.S.- Manpur District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Bailey Road, P.S.- Kotwali, Patna-1 2.

The Principal Secretary, Forest, Bailey Road, Patna-1 3.

The Divisional Forest Officer-cum-Deputy Director, Valmiki Tiger Reserve, Division-I, Bettiah, West Champaran 4.

The Forest Range Officer, Manguraha, West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Nath Verma, Advocate Mr. Kirti Ranjan, Advocate For the Respondent/s :

Mr. Raghwanand, GA-11 Mr. Sanjay Kumar Tiwari, AC to GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 14-12-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- "for directing the respondents, particularly the respondent no.3 to release the petitioner's Mahindra tractor trolley bearing registration no. BR22GA/5681 seized in connection with Forest Case No.17 of 2020."

It is submitted on behalf of learned counsel for State that during pendency of this writ petition, vide order dated 24.05.2021 passed in Confiscation Case No. 13/2022 final order

Patna High Court CWJC No.3064 of 2021 dt.14-12-2021 2/2 of confiscation has been passed by the competent authority who is the Divisional Forest Officer. As such, present writ petition for provisional release of tractor has become infructuous. The writ petition is disposed of with liberty to petitioner to avail the remedy of appeal before the appellate authority against the order dated 24.05.2021 passed by the confiscating authority.

If any such appeal is filed within four weeks from today by the petitioner then the appellate authority shall condone the delay in filing the appeal as the matter remained pending before this Court and decide the appeal filed by the petitioner within eight weeks from the date of filing of such appeal.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 16.12.2021 Transmission Date