The State Of Bihar And ORS v. Sunil Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.579 of 2015 Arising out of Civil Writ Jurisdiction Case No. 14188 of 2014 Along with Interlocutory Application No.2562 of 2015 ===========================================================
1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Govt. of Bihar, Patna.
2. The Divisional Forest Officer-cum-Authorized Officer, Rohtas, Forest Division, Rohtas at Sasaram.
3. The Superintendent of Police, Rohtas at Sasaram. .... .... -Respondents- Appellants
Versus
Sunil Kumar Singh, son of Deo Narain Singh, resident of Mohalla Rajputana, P.O. and P.S. - Dehri, District- Rohtas.
.... .... Petitioner- Respondent =========================================================== Appearance :
For the Appellant/s : Mr. D. K. Sinha, A.A.G.-2 Mr. Abhinay Raj, Advocate For the Respondent/s : None =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 24-06-2016 Re.: Interlocutory Application No.2562 of 2015 The application is for condonation of delay of 168 days in filing of the present Letters Patent Appeal. For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal. Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.579 of 2015 The challenge in the present Letters Patent Appeal is to an order dated 4th of September, 2014 passed in CWJC No.14188 of
Patna High Court LPA No.579 of 2015 dt.24-06-2016 2/2 2014 and other analogous cases. Vide the order under appeal, the Vehicle No.BR-23G-3875 seized on the allegations of transporting forest produce without any supportive papers was ordered to be released on furnishing of such security as deem fit and proper by the Divisional Forest Officer-cum-Authorized Officer subject to final outcome of the confiscation proceedings.
We find that the order passed is equitable and in the interest of justice so as to not deprive the owner of the vehicle from the use of the same pending finalization of the confiscation proceedings.
We do not find that such order of temporary release of vehicle suffers from any patent illegality or irregularity which may warrant interference in the present Letters Patent Appeal. The same is, therefore, dismissed.
(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- AFR/NAFR CAV DATE N. A.
Uploading Date 28.06.2016 Transmission Date