Jai Ram Kumar @ Pappu Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.29 of 2015 ====================================================== Jai Ram Kumar @ Pappu Gupta S/O Sri Gopal Sao, resident of villageAmaratalab, P.S-Sasaram(M),Distt.-Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Forest and Environment Department Govt. of Bihar, Patna

2. The District Magistrate, Rohtas at Sasaram

3. The Divisional Forest Officer cum Authorised Officer Rohtas, Sasaram .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Uma Shankar Singh, Advocate For the State : Mr. Dev Kumar Pandey, A.C. to G.P.-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04-02-2015 Heard the parties.

The limited relief prayed by the petitioner in this writ petition is for a direction to the appellate authority under the Indian Forest Act, 1927, who in the present matter would be the District Magistrate, Rohtas at Sasaram, for expeditious disposal of the appeal filed on behalf of the petitioner. While praying as such the petitioner has also prayed for provisional release of the vehicle pending adjudication of the appeal.

The confiscation proceeding has been decided against the petitioner and the appeal is pending before the District Magistrate, Rohtas at Sasaram-cum-Appellate Authority. The grievance of the petitioner is that there is no sign of expeditious

Patna High Court CWJC No.29 of 2015 (2) dt.04-02-2015 disposal of the appeal and the vehicle which is subject matter of the appellate proceedings would be rendered obsolete since it is kept under open sky and thus subjected to the vagaries of weather as well as wear and tear.

The petitioner in this case has preferred Forest Appeal No. 28 of 2014 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer-cumAuthorized Officer, Rohtas at Sasaram in Confiscation Case No. 106 of 2013 and which is pending adjudication before the District Magistrate, Rohtas at Sasaram.

Having heard learned counsel for the parties and taking into consideration the limited prayer made by the petitioner, this writ petition is disposed of with the direction to the District Magistrate, Rohtas at Sasaram-cum-Appellate Authority under the Indian Forest Act, 1927 to consider and dispose of the appeal of the petitioner being Forest Appeal No. 28 of 2014 in accordance with law and after giving opportunity of hearing to the contesting parties, expeditiously and preferably within three months from the date of receipt/production of a copy of the order. In case for any reason the appeal is not disposed of within the period stipulated hereinabove, the appellate authority would consider the prayer of the petitioner for provisional release of the vehicle in question and

Patna High Court CWJC No.29 of 2015 (2) dt.04-02-2015 dispose of the same within one month thereafter in accordance with law.

With the observations/directions aforementioned, the writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U