Petitioner challenged delay in disposing of his appeal against vehicle confiscation. Court directed appellate authority to decide the appeal or the provisional release application within six weeks.
Directed appellate authority to dispose of the appeal/provisional release application within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5772 of 2014
====================================================== Jitendra Kumar Son Of Late Bal Keshwar Singh Resident Of VillageAmra, 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, Dist. Rohtas .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Ms. Neelu Agrwal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 10-04-2014 Considering the submissions of the petitioner, the writ application, with the consent of the parties, is being disposed of at this stage.
Heard Mr. Singh learned counsel for the petitioner and AC to GA-6 for the State.
The vehicle (tractor) belonging to the petitioner bearing Registration Mark and No. BR 24D-4183 along with Trailer bearing Registration Mark and No. BR-24D-4184 was/were seized by the respondents in connection with Forest case No. 16F of 2012 on 26.2.2012. Following institution of the case a proceeding for confiscation of those vehicles vide Confiscation case No.
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11/12(s) was also initiated. The Authorized Officer/Confiscating Authority vide an order dated 15.10.2013 confiscated the vehicles of the petitioner . Aggrieved by the said order, the petitioner is said to have filed an appeal before the respondent no.2 vide Forest Confiscation Appeal No. 84 of 2013. It is submitted that an application (Annexure-3) seeking provisional release of the vehicles has also been filed therein.
The grievance of the petitioner is that those two matters
have not till date been considered and disposed of by the appellate authority. It has, thus, been submitted that the application be disposed of directing the appellate authority to consider either the application seeking provisional release of the vehicle filed in the said proceeding or the appeal itself expeditiously considering the fact that the vehicles of the petitioner are lying uncared for since 26.2.2012 which is not going to benefit either the State or the petitioner. He has relied in this regard on an order of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat[(2002) 10 SCC 283].
Learned counsel for the State, appreciating the submission of the petitioner, states that if the application for provisional release of the vehicle or appeal said to have been
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filed by the petitioner against the order confiscating those two vehicles have not been disposed of till date a suitable direction may be issued for disposal of those matters in accordance with law.
Having considered the submissions of the parties, this Court is satisfied that the present writ application be disposed of by the following order:-
Let the appellate authority ( respondent no.2) dispose of either the application seeking provisional release of the vehicle filed by the petitioner in the Confiscation Appeal No. 84 of 2013 and/or the appeal itself as quickly as possible preferably within six weeks from the date of receipt/ production of a copy of this order. Needless to observe that the petitioner shall fully cooperate
in disposal of the matter(s) as per the present order.
(Kishore Kumar Mandal, J)
Shyam/-
1 issue framed by the court
Whether the appellate authority is directed to dispose of the pending confiscation appeal and the application for provisional release of seized disputed vehicles expediently?
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai Vs. State of GujaratReferred¶9
Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283] · Who else cites this
Jitendra Kumar Son Of Late Bal Keshwar Singh
The State Of Bihar Through The Principal Secretary, Forest Department
The Distt. Magistrate Rohtas at Sasaram
The Authorized Officer-Cum-Divisional Forest Officer, Rohtas Forest Division
The Range Officer, Sasaram Forest Range
Kishore Kumar Mandal
As recorded by the court registry
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