Laxmi Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(CR) No. 303 of 2018 Laxmi Yadav, S/o. Bindheshwar Yadav, Aged About 55 Years, R/o. Village Nawapara, Pandrapath, Sanna, Tahsil Bagicha, District Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Forest Department, Mantralaya, Mahanandi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. The Authorized Officer & Forest Sub Divisional Officer, Jashpur Sub Forest Division, District Jashpur, Chhattisgarh.

3. The Range Officer, Forest Range, Sanna, District Jashpur, Chhattisgarh. ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. J.K.Saxena, Advocate For State/Respondents :

Mr. Ghanshyam Patel, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 17.01.2019 Heard 1.

The present petition is against the order of confiscation passed under the Indian Forest Act, 1927 whereby the forest officer has passed the order of confiscation of the vehicle. 2.

Section 52A of the Indian Forest Act, 1927 provides remedy of appeal that within 30 days of the order or within 30 days of the knowledge, the appeal may be preferred before the Conservator of Forest, which would be the appellate authority and thereafter after the order of the appellate authority, the revision has been provided under Section 52B.

3.

Since the challenge has been made directly to this petition, the alternative remedy is available, therefore, the petition is not maintainable and accordingly is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok