Petitioner challenged confiscation order. Court held that if actual number of seized wood logs is disputed, appellate authority must get them counted and verified in petitioner's presence.
Director fulla authority to get the seized wood logs counted and verified in the presence of the petitioner and place the report on the records of the appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3641 of 2013
====================================================== 1. Gulab Sharma Son Of Late Basudeo Sharma Resident Of Mohalla - Sultan Pokhar, Ward No. - 4, Forbesganj, P.S. - Forbesganj, Dist - Araria .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Secretary Of The Forest And Environment Department, Government Of Bihar, Patna 2. The District Magistrate, Araria 3. The Conservator Of Forest, Purnea Circle, Purnea 4. The Divisional Forest Officer, Araria 5. The Range Officer Of Forest, Forbesganj, Dist - Araria 6. The Forester, Bathnaha, Depot, Dist - Araria 7. The Forester, Araria, Dist- Araria .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Mandal For the Respondent/s : Mr. Mayank Rukhaiyar, A.C. to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 12-03-2013 Appeal of the petitioner against confiscation order passed by the Divisional Forest Officer, Araria is admittedly pending with the Appellate Authority. Petitioner has come before this Court only for the purpose that in the seizure list 29 pieces of wood logs have not been added. Learned counsel for the petitioner submits that the petitioner had filed an application before the Divisional Forest Officer for physical verification of the seized articles and for correction of the seizure list or issue supplementary seizure list. But the same has not been done. He submits that these 29 pieces of wood logs may be misappropriated or removed from the lot of
Patna High Court CWJC No.3641 of 2013 (2) dt.12-03-2013
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wood logs which were seized and are at present kept at Forest Depots. He further submits that on the seizure list alleged signature of son of the petitioner is forged and fabricated and he had not signed it.
Since petitioner has raised some bonafide dispute in respect of actual number of wood logs seized, it would be appropriate for the Appellate Authority to get the seized wood logs counted and verified in presence of the petitioner by any responsible personnel of his office and direct him to place the report on the records of the appeal.
This writ application is disposed of with the aforesaid observations and directions.
(Jayanandan Singh, J)
Pradeep/-
1 issue framed by the court
Whether to direct the appellate authority to verify and count the seized wood logs in the presence of the petitioner.
Gulab Sharma Son Of Late Basudeo Sharma
The State Of Bihar
Jayanandan Singh
As recorded by the court registry
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