Disposed

Md. Zafar Khan v. The State Of Bihar and Ors.

Patna HC24 Aug 2012CWJC/15262/2012

Case brief

AI extract

What is this about?

The Patna High Court directed the Divisional Forest Officer to release the petitioner's truck within 15 days, provided a bond or surety and proof of ownership were furnished, pending the outcome of confiscation proceedings.

What did the court decide?

Release the truck to the petitioner within 15 days upon furnishing bond/surety and verification of ownership, pending final decision in confiscation proceedings.

Md. Zafar Khan Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15262 of 2012

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====================================================== Md. Zafar Khan son of Late Yasin Khan, resident of village Ajmeri Badshahpur, P.S. Tanda, District Ambedkar Nagar (U.P.) .... .... Petitioner Versus 1. The State of Bihar, through the Principal Secretary, Department of Environment and Forest, Government of Bihar. 2. The Authorised Officer-cum-Divisional Forest Officer, Aurangabad Forest Division, Aurangabad. 3. The Forester, Baroon, Aurangabad .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Vinay Mistry, Advocate For the Respondents : Mr. Yogendra Pd. Sinha AAG15 Mr. Rakesh Ambastha, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 24-08-2012 It appears that truck of the petitioner was seized on 18.09.2011 on the allegation that it was loaded with wood logs without any valid transit permit.

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Learned counsel for the petitioner submits that though Forester, Baroon, Aurangabad (respondent no.3) had seized the truck on 18.09.2011, till today no confiscation proceeding has been initiated. He submits that since the truck is standing under the open sky facing vagaries of Nature and its conditions may deteriorate, petitioner may suffer irreparable damage and loss.

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In paragraph 7 of the writ application it is stated that no confiscation proceeding has yet been initiated in respect of the vehicle of the petitioner by the Divisional Forest Officer. Even if

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Patna High Court CWJC No.15262 of 2012 (2) dt.24-08-2012

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2 / 2

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it has been initiated, it is almost one year.

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In the circumstances, this writ application is disposed of with a direction to the Divisional Forest Officer, Aurangabad to release the truck in favour of the petitioner, pending final decision in the confiscation proceeding, on furnishing bond or surety as he may require from the petitioner and upon verification of its ownership. Truck must be released within 15 days on furnishing bond or surety by the petitioner.

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(Jayanandan Singh, J)

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B.T/-

Md. Zafar Khan v. The State Of Bihar and Ors.

Case brief

What is this about?

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Md. Zafar Khan v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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