Shivjee Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1928 of 2017 ====================================================== Shivjee Kumar, Son of Dasai Yadav, resident of Village - Gudhapattar, P.S. Udwantnagar, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Forest & Environment Department, Bihar, Patna

2. The Principal Secretary, Forest and Environment Department, Bihar, Patna

3. The District Magistrate, Rohtas

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

5. The Forest ( Forest Officer ) Tilouthu Forest Area, Sasaram .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Respondent/s : Mr. Gajendra Pd.Yadav-Sc17 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and learned AC to SC 17 for the State.

The present application has been filed for release of the truck bearing no. JH-05-AB-4575 which was seized while carrying 600 cu.fit stone chips, leading to registration of Forest Case No. 22F of 2016, concerning which, subsequently Confiscation Case No. 56 of 2016 was initiated. The Divisional Forest Officer vide order dated 17.09.2016 in Confiscation Case No. 56 of 2016 confiscated the truck in question along with 600 cu.fit. of stone chips. The petitioner then preferred Forest Appeal No. 57 of 2016 before the District Magistrate on 27.10.2016. It is submitted that the said

Patna High Court CWJC No.1928 of 2017 (2) dt.02-05-2017 2/2 appeal has still not been disposed of, hence seeks issuance of appropriate direction to the respondent authorities to release the vehicle in question or to conclude the confiscation appeal at the earliest.

Learned SC 17 submits that appropriate directions may be issued to the District Magistrate to conclude the confiscation Appeal no. 57 of 2016 within a stipulated time period. Hence, it is expected from the District Magistrate, Rohtas to conclude the Forest Appeal No. 57 of 2016 within a period of 6 weeks from the date of receipt/production of a copy of this order after giving due opportunity of hearing to all affected persons.

With the above observations and directions this application is disposed of.

(Dinesh Kumar Singh, J) Prakash/- U