Disposed

Krashan Pal Alias Krishan Pal v. State of U.P. and 3 Others

Allahabad HC17 Jan 2025WRIC/353/2025

Case brief

AI extract

What is this about?

Vehicle seizure/confiscation; Indian Forest Act 1927 Ss. 41, 42; Wild Life (Protection) Act 1972 Ss. 2, 9, 39, 51, 52; Biological Diversity Act s. 7/55; vehicle U.P.12CT5006; order dated 20.11.2024 by respondent no.5, Bijnor; appellate order dated 20.12.2024, Letter No.1617/353 Moradabad by respondent no.2 (Director); appeal lies to State Government; liberty to file appeal within 30 days; limitati

What did the court decide?

Liberty to the petitioner to file an appeal before the proper forum within 30 days; any appeal so filed to be considered and decided on merit without raising the question of limitation, within a perio

Krashan Pal Alias Krishan Pal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:18878

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Court No. - 33

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Case :- WRIT - C No. - 353 of 2025

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Petitioner :- Krashan Pal Alias Krishan Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhawani Prasad Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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The present writ petition is filed with the following prayer:

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"I. A writ, order or direction in the nature of certiorari quash the impugned order dated 20.11.2024 passed by respondent no.5 in case no.2 of 2024-2025, Bijnor, Under Section 41, 42 of the Indian Forest Act, 1927 & under section 2, 9, 39, 51 & 52 of Wild Life (Protection) Act, 1972 readwith section 7/55 of Biological Diversity Act, P.S. Kotwali Sahar, District Bijnor and order dated 20.12.2024 in Letter No.1617/353, Moradabad passed by the respondent no.2 in Appeal (Annexure No.4 & 6 to this writ petition).

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II. A writ, order or direction in the nature of mandamus directing and commanding direct to the respondent no.4 i.e. Conservator of forest DistrictBijnor to release the Vehicle of petitioner / owner numbered U.P.12CT5006 which has been seized under the confiscation under proceeding of Indian Forest Act, 1927."

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Learned counsel for petitioner submits that against order of seizure, appeal would lie to the State Government, as has been stated in the order dated 20.12.2024 by the Director.

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At this stage, learned counsel for petitioner submits that he may be granted liberty to file an appeal before proper forum.

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Accordingly, the writ petition is disposed of with liberty to petitioner to file an appeal within 30 days from today. In the event any such appeal is filed within the aforesaid period, the same shall be considered and decided on merit without going into the question of limitation within a period of one month.

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Order Date :- 10.2.2025 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Krashan Pal Alias Krishan Pal v. State of U.P. and 3 Others

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Krashan Pal Alias Krishan Pal v. State of U.P. and 3 Others

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