Abul Kaish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5148 of 2020 ====================================================== Abul Kaish Khan, Son of Ekramul Haque Khan, Resident of Village-Kanth Chhapra, P.O. Pakari Ashok, Police Station-Pipra, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, West Champaran at Bettiah. 3.

The Authorized Officer-cum-Divisional Forest Officer-cum-Deputy Director, Valmiki Tiger Project, Division-2, Valmikinagar, District-West Champaran.

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Advocate For the Respondent/s :

Mr.Anant Pd. Singh (SC-15) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 11-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). " 1. That this is an application for issuance of appropriate writ(s), direction(s) for quashing the order dated 09.08.2018 passed by the respondent no.3 in Confiscation Case No. 01 of 2018 by which he has confiscated the Pick-Up Van of the petitioner bearing registration No. BR5G-6511 and further for passing an order to release the aforesaid Pick-Up Van bearing registration No. BR5G-6511 in favour of the petitioner during the pendency of criminal case

2/4 bearing Forest Case No. 04 of 2018 at present pending before the court of the learned Chief Judicial Magistrate, Bettiah, District-West Champaran."

After the matter was heard for some time, learned counsel appearing on behalf of the petitioner, under instructions, states that petitioner may be permitted to prefer an appeal against the impugned order before the Appellate Authority. Permission granted.

Learned counsel for the respondents states that if such an appeal is preferred within a period of four weeks from today, the issue of limitation, if any, shall neither be raised nor allowed to come in the way of adjudication of the appeal on merits. Statement accepted and taken on record.

As such, petition stands disposed of in the following mutually agreeable terms:- (a) Petitioner is permitted to prefer an appeal within a period of four weeks from today;

(b) In the event of appeal being preferred within a period of four weeks from today, the issue of limitation shall not come in the way of adjudication of the appeal on merits; (c) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

3/4 (d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment; (e) The Appellate Authority shall decide the appeal on merits, in compliance of the principles of natural justice; (f) The Appellate Authority shall pass a reasoned and speaking order, within a period of eight weeks from the date of filing of the appeal;

(g) Copy of the reasoned and speaking order passed by the Appellate Authority shall be supplied to the parties; (h) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(i) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (j) We have not expressed any opinion on merits and all issues are left open;

(k) Liberty reserved to the petitioner to challenge the order, before the appropriate forum, if required and desired. The instant petition sands disposed of in the aforesaid terms.

4/4 Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date