Sunil Kumar Sharma v. The State Of Bihar, Through The Principal Secretary, Department Of Forest And Environment, Bihar, P

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.494 of 2017 Arising Out of PS. Case No.-26 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Sunil Kumar Sharma Son of Lalan Sharma, Resident of village - Chanp, P.S. Akorhi Gola, District - Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar, Through The Principal Secretary, Department Of Forest And Environment, Bihar, Patna 2.

The District Magistrate, Rohtas at Sasaram 3.

The Sub Divisional officer - Cum - Authorized Officer, Rohtas Forest Division, Sasaram, District - 4.

The Forest Range Officer, Tilauthu, District Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.Tej Pratap Singh, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-07-2022 No one appears for the petitioner to press this application.

It appears that this writ application has been filed for quashing the Forest Case No.26 of 2017 dated 07.03.2017 as contained in Annexure-2 which has been lodged by respondent no.4 in which the truck of the petitioner bearing Registration No.JH10S/9605 has been seized in contravention of the provision under Sections 33, 41 and 42 of the Forest Act and a further direction for release of the said truck along with seized articles in favour of the petitioner.

By an interim order dated 04.05.2017 the truck in question was directed to be released in favour of the petitioner

Patna High Court CR. WJC No.494 of 2017(3) dt.18-07-2022 2/2 by way of ad-interim custody on execution of surety bond of Rs.20,00,000/- along with two sureties of the like amount with a further condition that the petitioner shall not dispose of the same without permission of the Court.

Since no one appears to press this application, it is dismissed for want of prosecution.

The learned court below is directed to ensure that the petitioner complies with the conditions imposed by this Court in its order dated 04.05.2017 at the time of release of the vehicle in question. In case of violation of conditions, the learned court below shall take an appropriate view of the matter and shall pass such orders which may be required in accordance with law. Mr. Tej Pratap Singh, learned AC to AAG-13 is present for the State.

Dismissal of the writ application shall, however, not come in the way of the petitioner in seeking his remedy against a fresh cause of action.

(Rajeev Ranjan Prasad, J) arvind/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.