Patna High CourtCR. WJC/3342/2018disposed

Dinesh Ray @ Dinesh v. The State Of Bihar Through The Collector Bettiah, District- Bettiash And ORS

2019-03-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3342 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- MATIYARIA District- West Champaran ====================================================== Dinesh Ray @ Dinesh, son of Brahamdev Ray, R/o Litiahi, P.S.-Raghopur, District-Vaishali at present 146, JHUGGI Sonia Gandhi Camp Samalaka South West Delhi.

... ... Petitioner/s

Versus

1. The State of Bihar through the Collector Bettiah, District- Bettiah

2. The D.F.O. Bettiah, District-Bettiah.

3. the Officer Incharge of Matiyaria Police Station, District-Bettiah.

4. The A.S.I. Surendra Kumar Yadav, Matiyaria Police Station, DistrictBettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Respondent/s :

Mr. Gajendra Prasad Yadav, SC-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 14-03-2019 This writ petition has been filed by the writ petitioner for directing the respondents to release the truck bearing Registration No. HR-55M-4001, which has been seized in connection with Matiyaria P.S. Case No. 03 of 2018 registered inter alia under Sections 33, 41 and 42 of the Indian Forest Act, 1927.

2. On query, learned counsel for the petitioner fairly conceded that a confiscation proceeding in respect of the vehicle has already been initiated under Section 52 of the Indian Forest Act, 1927 by the authorized officer.

Patna High Court CR. WJC No.3342 of 2018 dt.14-03-2019 2/2

3. In view of the equally efficacious statutory remedy being available to the petitioner for the release of his truck under the Forest Act, I am not inclined to entertain the writ petition. It is disposed of, accordingly with liberty to the petitioner to pursue his remedy before the statutory authority.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanAFR/NAFR NAFR CAV DATE NA Uploading Date 15.03.2019 Transmission Date 15.03.2019