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Patna High CourtCWJC/11628/2023disposed

Dhristrastra Kumar @ Dhrit Rashtra Kumar v. The State Of Bihar

2024-08-08Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11628 of 2023 ====================================================== Dhristrastra Kumar @ Dhrit Rashtra Kumar Son of Late Shyam Bihari Singh Resident of Village-Mahadeva, Gopi Bigha Jamuhar Police Station-Dehri (M), District-Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Forest and Environment, Bihar, patna.

2.

The District Magistrate, Rohtas at Sasaram 3.

The Divisional Forest Officer-Cum-Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.

4.

The Forester, Darigaon, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Adv For the Respondent/s :

Mr. Anant Prasad Singh ( SC 15 ) Mr. Sanjay Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2024 Heard the parties.

2. The present writ petition has been preferred for Respondent District Magistrate-cum-Appellate Authority (Respondent No. 2) to decide the pending Forest Appeal No. 02 of 2023 expeditiously within the reasonable period as against the final order of confiscation proceeding Case No. 20 of 2020(A) (arising out of forest Case No. 14 of 2020) issued under the signature of Divisional Forest Officer-cum-Authorised Officer, Rohtas at Sasaram (Respondent No.

3). The petitioner has filed an Appeal No. 02 of 2023 but there is no progress in appeal proceeding and in the mean while petitioner's vehicle may kindly be released in his favour as such the vehicle is lying in the open sky without any progress in appeal

Patna High Court CWJC No.11628 of 2023(2) dt.08-08-2024 2/2 proceeding as such vehicle of the petitioner bearing Registration No. UP- 65BT-8687 (Truck) may be released in his favour. And any other order/orders, direction/directions, writ/writs which may be petitioner entitled to.

3. It is unfortunate that the petitioner has to approach the Court for a simple prayer to decide the Appeal No. 02 of 2023 pending before the Appellate Authority cum District Magistrate Rohtas and Sasaram.

4. The matter relates to a vehicle having registration No. UP-65-BT-8687 (truck) which was seized by the officials way back on 05.03.2020 on the ground that the stone chips were loaded without any challan.

5. Taking into account the period that has already elapsed, it is high time that the Appellate Authority take a decision which must come within a period of three months from the date, copy of the order is provided to the office concerned.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U