Dharmendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10340 of 2018 IN Cr. WJC 1186 of 2018 =========================================================== Dharmendra Kumar, Son of Surendra Kumar Singh, Resident of VillageMuzaffarpur, P.S.- Sahar, District- Bhojpur. .... .... Petitioner/s

Versus

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

2. The District Magistrate cum Appellate Authority, Rohtas at Sasaram.

3. The Divisional Forest Officer cum Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.

4. The Forester, Tilauthu, Rohtas.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. Sarvesh Kr. Singh- AAG13 =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 26-10-2018 1.

The present writ petition has been filed for release of the vehicle bearing registration no. U.P.-67T-1989, belonging to the petitioner herein.

2.

The brief facts of the case are that the vehicle of the petitioner was confiscated while it was found loaded with alleged illegal stone chips and the said seizure of the vehicle was made on 13.11.2016 by the respondent no. 4, whereafter confiscation proceedings bearing confiscation case no. 25 of 2017 (F) (Forest case no. 125 of 2016) was initiated, however the respondent no. 3 by an order dated 28.06.2017 has been pleased to pass an order of

Patna High Court CWJC No.10340 of 2018 dt.26-10-2018 2/3 confiscation of the vehicle in question. The petitioner had thereafter preferred an appeal before the respondent no. 2 i.e. the appellate authority against the aforesaid order dated 28.06.2017 and the appeal is said to be still pending for adjudication. 3.

It is the contention of the learned counsel for the petitioner that during the pendency of the appeal, the vehicle of the petitioner ought to be released, inasmuch as the same would rot and become redundant as well as incapable of any use on account of the vagaries of weather since the same is lying in the open sky. The learned counsel for the petitioner has relied upon a judgment dated 06.03.2017 passed by a learned Division Bench of this Court in L.P.A. no. 386 of 2017 to contend that during the pending appeal arising out of confiscation order passed by the authorized officer-cumDivisional Forest Officer, the vehicle shall be released subject to certain conditions.

4.

I have perused the order dated 06.03.2017 passed by the learned Division Bench in L.P.A. no. 386 of 2017 and I find that the learned Division Bench has directed for release of vehicle during the pendency of appeal arising out of confiscation order and the same position exists in the present case as well. In such view of the matter, I direct that the vehicle in question i.e. (U.P.-67T-1989) be released provisionally to the satisfaction of Collector-cum-Appellate Authority, Rohtas at Sasaram on fulfillment of the following

Patna High Court CWJC No.10340 of 2018 dt.26-10-2018 3/3 conditions :- (i) The petitioner shall furnish all the necessary papers/ documents of ownership and security bonds (which will not include Bank Guarantee) as may be deemed fit and proper by the Collector-cum-Appellate Authority, Rohtas at Sasaram (ii) The appellant shall undertake, in writing, that the vehicle, in question, shall neither be alienated nor be transferred in favour of any third party during the pendency of the appeal and that the vehicles, in question, shall be produced as and when called upon or required in the confiscation proceeding or otherwise.

5.

The writ petition is disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.11.2018 Transmission Date NA