Pasang Lama @ Passang v. The State Of West Bengal And ORS

09.01.2024 Item No.8 gd WPA/2882/2023 PASANG LAMA @ PASSANG VS STATE OF WEST BENGAL & ORS.

Mr. Debasish Mukhopadhyay, Mr. Anirban Banerjee ..for the Petitioner.

Mr. Momenur Rahman, Mr. Sumit Kumar ..for the State.

The grievance of the petitioner is that the vehicle of the petitioner bearing No.WB 69-6868 has been illegally seized by the respondent no.2 without issuing any seizure list to the petitioner or to the respondent no.4 who had hired the said vehicle. The learned advocate for the State files a copy of the memo dated 28.12.2023 issued by the Deputy Field Director, Buxa Tiger Reserve Forest wherein it has been stated that the Range "Nilpara Forest Range" does not fall under the jurisdiction of Buxa Tiger Reserve Forest Division and the Deputy Field Director, Buxa Tiger Reserve Forest has not seized any such vehicle as mentioned in the writ petition. It appears from the report that on 29th March, 2023 at about 9.30 a.m. a Bolero Pickup bearing No.WB 69-6868 coming from Hasimara and approaching towards Madarihat through NH-31 C

loaded with Teak Furniture without legal documents were seized by the Beat Officer of Titi Beat, Nilpara Range and when the Bolero was stopped by the raiding team, the driver jumped from the vehicle and fled away.

At this stage, the learned advocate for the petitioner prays for leave to withdraw this writ petition with liberty to file afresh on the selfsame cause of action.

Let a copy of the seizure report along with annexures thereto dated 29th March, 2023 be supplied to the learned advocate for the petitioner in course of this day.

Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to file afresh on the selfsame cause of action.

Let a copy of the report by Mr. Rahman filed in court today be kept on record.

(HIRANMAY BHATTACHARYYA, J.)