Bijendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19710 of 2016 ====================================================== Bijendra Singh, son of Sri Ramashish Singh, resident of village Tilai, P.S. Sanjhauli, District Rohtas .... .... Petitioner

Versus

1. The State of Bihar through the Director/ Secretary, Department of Mines and Geology, Govt. of Bihar, Patna

2. The Principal Secretary, Department of Forest and Enjoinment of Bihar, Patna

3. The Divisional Forest Officer, Rohtas at Sasaram

4. The District Forest Officer, Rohtas at Sasaram

5. The Ranger, Fajilpur Forest Area, Sasaram, District Rohtas at Sasaram

6. The Collector, Rohtas at Sasaram .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Narain Singh I, Adv. Mr. Virendra Kumar Ray, Adv.

For the Respondent/s : Mr. Tej Pratap Singh, AC to AAG13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-12-2016 Heard Mr. Aditya Narain Singh, learned counsel for the petitioner and Mr. Tej Pratap Singh, AC to AAG-13 for the State. 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 his vehicle pending adjudication of his appeal.

In this writ petition, the confiscation proceeding has been decided against the petitioner and the appeal is pending.

Patna High Court CWJC No.19710 of 2016 (2) dt.16-12-2016 The grievance of the petitioner is that while there is no sign of expeditious disposal of his appeal, the vehicle which is subject matter of the appellate proceeding would be rendered obsolete since the same 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 Confiscation Appeal No. 45/2016 being aggrieved by the order of the confiscation passed by the Divisional Forest Officer cum Authorized Officer, Rohtas at Sasaram in Confiscation Case No. 184/2015.

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 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 his vehicle in question and dispose of the same within one

Patna High Court CWJC No.19710 of 2016 (2) dt.16-12-2016 month thereafter in accordance with law.

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

(Jyoti Saran, J) Surendra/- U