Disposed

Shailendra Kumar Choudhary v. The State Of Bihar and Ors.

Patna HC10 Apr 2014CWJC/5518/2014

Case brief

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What is this about?

In a writ petition under Article 226, the Court directed the appellate authority to dispose of the pending forest appeal and an application for provisional release of seized agricultural tractor within six weeks. The vehicle had been seized under Forest Case No. 58F/2012.

What did the court decide?

Direction to respondent no.2 to dispose of the pending appeal and application for provisional release of the vehicle within six weeks.

Shailendra Kumar Choudhary Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5518 of 2014

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====================================================== Shailendra Kumar Choudhary Son Of Dharmdeo Choudhary R/O Village - Badhaiyabag, P.S. - Sasaram (M), Distt. - Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Forest Department, Govt. Of Bihar, Patna 2. The Distt. - Magistrate, Rohtas at Sasaram 3. The Authorized Officer-Cum-Divisional Forest Officer, Rohtas Forest Division, Sasaram, Distt. - Rohtas 4. The Range Officer, Sasaram Forest Range, Distt. - Rohtas .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 10-04-2014 With the consent of the parties, the writ application is being disposed of at this stage. Heard learned counsel for the petitioner and AC to SC-16 for the State. Petitioner has filed the present writ application seeking following relief(s) as culled out in para 1 of the writ application:-

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“1. That, the petitioner craves indulgence of this Hon’ble court for issuance of an appropriate writ in the nature of mandamus or any other writ/writs, order/orders, command/commands directing the respondent no.2 to dispose of the Forest Appeal no. 83/2013 within a specified period which has been filed on 3.12.2013 against the order dt. 21.10.2013 passed by respondent no.3 in confiscation case no. 48/2012 arising out of Forest Case no.

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Patna High Court CWJC No.5518 of 2014 (2) dt.10-04-2014

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58F/2012.”

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It appears the new holland Tractor belonging to the petitioner, details whereof have been set out in para 6 of the application, was seized in connection with Forest Case No. 58F of 2012. Consequently, a Confiscation proceeding was initiated vide Confiscation Case no. 48/2012. The authorized Officer/ Confiscating Authority by an order dated 21.10.2013 confiscated the said vehicle of the petitioner. Aggrieved by the said order, the petitioner is said to have filed an appeal bearing Forest Confiscation Appeal No. 83/2013. The memo of appeal whereof has been enclosed at Annexure-2.

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The grievance of the petitioner is that the said appeal has not till date been considered and disposed of by the respondent appellate authority (respondent no.2). The vehicle of the petitioner is lying seized uncared for since 5.12.2012. It is in the interest of the State as well as the petitioner that the proceeding is finally concluded which includes disposal of the appeal filed by the petitioner against the order passed by the confiscating authority. It is further the contention of the petitioner that an application seeking provisional release of the vehicle has also been filed in the said proceeding which too has remained undisposed of.

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Patna High Court CWJC No.5518 of 2014 (2) dt.10-04-2014

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Learned counsel for the State, on going through the pleadings made in the writ application, fairly states that if the appeal of the petitioner filed against the order dated 21.10.2013 has remained un-disposed a suitable direction may be issued for early /quick disposal thereof.

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Considering the facts and circumstances of the case, this Court is satisfied that the present writ application be disposed of by the following order :-

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Let the appellate authority ( respondent no.2) consider and dispose of the application filed by the petitioner for provisional release of the vehicle or the appeal itself on merit in accordance with law as quickly as possible preferably within six weeks from the date of receipt/production of a copy of this order. It is expected the petitioner shall fully cooperate in quick/early disposal of the matter(s) in the light of the present order.

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(Kishore Kumar Mandal, J)

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Shyam/-

Shailendra Kumar Choudhary v. The State Of Bihar and Ors.

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Shailendra Kumar Choudhary v. The State Of Bihar and Ors.

Case brief

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