Patna High CourtCR. WJC/282/2017disposed

Anil Kumar @ Anil Raj v. The State Of Bihar Through The Superintendent Of Police, Sasaram And ORS

2018-11-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.282 of 2017 ======================================================

1. Anil Kumar@ Anij Raj Son of Sri Manik Chand Gupta Residence of Village Baijla P.O. & P.S. Sasaram under District Rohtash at Present 140 Abhiyanta Nagar Bankers Colony, P.S. Rupaspur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Superintendent of Police, Sasaram.

2. Officer -In-Charge, Bikramganj Police Station under District- Sasaram.

3. Range Officer of Forest Bikramganj, Rohtas.

4. District Forest Officer Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Respondent/s : Mr. Sheo Shankar Prasad (Sc-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 6.

19-11-2018 In view of the stand now disclosed in the counter affidavit filed on behalf of the respondent nos. 3 & 4 to the effect that final order of confiscation has already been passed in Confiscation Proceeding Case No. 242/2016 by the prescribed Authorized Officer - cum - Divisional Forest Officer, Rohtas Forest Division, Sasaram on 10.07.2017, learned counsel for the petitioner seeks permission to withdraw this writ application with a liberty to pursue his remedy in the statutory appeal prescribed under the relevant statute.

This application is, therefore, disposed off as not pressed with a liberty to the petitioner to file an

Patna High Court Cr. WJC No.282 of 2017 (6) dt.19-11-2018 appropriate appeal, if so advised.

If such an appeal is filed and an issue of limitation is raised, the authority concerned shall consider the same keeping in mind that the petitioner was pursuing his remedy before this court and only after filing of the counter affidavit today the passing of the order in the confiscation proceeding could be brought to the notice of the petitioner.

(Rajeev Ranjan Prasad, J) Rajeev/- U T