Disposed

Vijay Kumar Sah v. The State Of Bihar and Ors.

Patna HC29 Aug 2012CWJC/15704/2012

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What is this about?

In a writ petition challenging the delay in confiscation proceedings regarding seized transport, the Court directed respondents to conclude proceedings within three months or release the vehicle provisionally after verification and security.

What did the court decide?

Direction to respondents to conclude confiscation proceedings positively within three months; failure to do so mandates release of truck provisionally after verification.

Vijay Kumar Sah 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.15704 of 2012

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====================================================== Vijay Kumar Sah, son of late Jalim Sah, resident of Village and P.O.Sonbarsa, P.S.-Nawanagar, District-Buxar. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Chief Conservator of forest, Bihar, Patna. 3. The Principal Secretary, Forest Department, Government of Bihar, Patna. 4. The District Magistrate, Rohtas at Sasaram. 5. The Divisional Forest Officer, Rohtas at Sasaram. 6. The District Forest Officer, Rohtas at Sasaram. 7. The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram. 8. The Ranger, Darigaon Forest Area, Sasaram East Range, Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash For the Respondent/s : Mr. V.M.K Sinha Aag13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 29-08-2012 Petitioner’s truck bearing Registration No.BR24B/3745, Chesis No.373011LRQ123080, Engine No.697022LRQ130458 was seized on 05.04.2012 loaded with stone chips without any permit.

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Learned counsel for the petitioner submits that the confiscation proceeding has started, but the same is being delayed. In the meanwhile, the truck of the petitioner is standing in open facing vagaries of nature and condition of the truck may deteriorate. In the circumstances, he prays that this Court may direct for release of the truck provisionally pending final decision

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Patna High Court CWJC No.15704 of 2012 (2) dt.29-08-2012

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in the confiscation proceeding.

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Since the truck of the petitioner was seized only on 05.04.2012 and thereafter confiscation proceeding has started, this Court is not inclined to direct the respondents to release the truck just now. However, the writ application is disposed of with a direction to the respondents to conclude the confiscation proceeding positively within three months from the date of receipt/production of a copy of this order, failing which they shall release the truck of the petitioner on provisional basis after verification of the ownership and after furnishing bond and surety by the petitioner as they may require.

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Arvind/-

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(Jayanandan Singh, J)

Vijay Kumar Sah v. The State Of Bihar and Ors.

Case brief

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Vijay Kumar Sah v. The State Of Bihar and Ors.

Case brief

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