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Patna High CourtCWJC/23134/2019disposed

Imamul Hoda Khan, v. The State Of Bihar

2019-11-29Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23134 of 2019 ====================================================== 1.

Imamul Hoda Khan (Male-aged about 48 years) Son of Sibagtulah Khan, Resident of House No. 76 A, Buxidih Road, Near Petrol Pump, Police Station- Giridih, District- Giridih (Jharkhand). 2.

Kamran Ali Khan, (Male-aged about 22 years) Son of Imamul Hoda Khan, Resident of House No. 76 A, Buxidih Road, Near Petrol Pump, Police Station- Giridih, District- Giridih (Jharkhand). ... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary, Forest Department, Government of Bihar, Patna.

2.

The Chief Conservator of Forest, Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The Authorized Officer-cum-Divisional Forest Officer, Jamui Forest Division, Jamui.

5.

The Forest Range Officer, Chakai, Jamui.

6.

The Forester, Chakai, Jamui.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Brij Bihari Tiwary, Advocate For the State :

Mr. Sanjay Kumar, AC to SC 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-11-2019 Heard learned counsel for the petitioners and learned AC to SC 15 for the State.

2. The petitioners have moved the Court for the following reliefs:

"That instant application is being filed for issuance of appropriate writ/writs, order/orders, direction/directions to the respondent authorities for the following relieves to the petitioner.

Patna High Court CWJC No.23134 of 2019 dt.29-11-2019 2/3 (I) In the nature of "Certiorari" for setting aside the order dated 30/9/2019 passed in Forest Confiscation Case no. 02/2019 by respondent no. 4 as contained in Memo No. 1538 whereby and whereunder the vehicles (Trucks) of the petitioners bearing No (I) JH-11Q-5355 (II) JH-11Y-4985 and (III) JH-11P-4414 order to be confiscated.

(ii) In the nature of "Mandamus" directing and commanding the respondent authorities to release the vehicles (Trucks) of the petitioners in terms of order dated 14/8/2019 passed in CWJC NO.16521 of 2019.

(iii) For any other relief/ reliefs for which the petitioner is entitled in the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioners submitted that he may be permitted to file the statutory appeal before the Collector, Jamui.

4. Learned counsel for the State does not object.

5. In view thereof, the writ petition stands disposed off with liberty aforesaid.

6. If the petitioners file the appeal within one month from today before the Collector, Jamui, the same shall be considered on merits without being prejudiced by the present order, in accordance with law. It shall be open to the petitioners to bring all issues of facts and law before the Collector, Jamui in their

Patna High Court CWJC No.23134 of 2019 dt.29-11-2019 3/3 appeal. The same shall also be disposed off by the Collector, Jamui within two months from the date of its filing. (Ahsanuddin Amanullah, J) Vikash/Ranjit AFR/NAFR U