The High Court directed the Divisional Forest Officer to release seized Sal Sawan wood within two months. If the wood was already sold, the respondent must pay the price as per the date of a prior 1999 order plus 7% annual interest.
Release of 433 pieces of Sal Sawan wood within 2 months or payment of wood price plus 7% annual interest if sold.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8755 of 2016
======================================================
Mukund Kumar Mantry Son of Late Balchand Mantry, Proprietor of Om Muk Timber Company, Bahadurganj Road, Kishanganj, Dist- Kishanganj
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranvijay Narain Singh For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT
Date : 06-05-2019
Heard learned counsel for the petitioner. None appears on behalf of the respondents.
The present writ application has been filed for a direction to respondents to release the log of wood that was seized on 4.7.1993 at Kishanganj Bahadurganj Road by the then Range Officer, Prasar Forest Range at Bhadurganj or in alternative to pay the price of the wood along with interest thereon for irreparable loss caused due to arbitrary act of respondents.
Learned counsel for petitioner submits that in spite of direction of this court passed in Cr. W.J. C. no. 111 of 1999 dated 23.9.2010, 433 pieces/ 9.631 cubic meter of Sal Sawan wood which was seized by the Forest Department on
Patna High Court CWJC No.8755 of 2016 dt.06-05-2019 2/3
04.07.1993 from Truck bearing no. AS-17/1993 had not been released. The order passed by this Court has been annexed as Annexure-6 to the writ petition. This Hon’ble Court by the aforesaid order upheld the order of the Appellate Authority as contained in Annexure-4 by which the Appellate Authority has directed to release the aforesaid woods and has quashed the order passed by the Divisional Forest Officer as contained in Annexure-3.
Learned counsel for the State has taken two weeks’ time to seek instructions and file counter affidavit. But till date no counter affidavit has been filed.
Learned counsel for petitioner submits that pursuant to the order passed by this Court, he has filed representation before the Divisional Forest Officer, Araria, Dist. Araria vide Annexure-7 for release of 433 pieces/ 9.631 cubic meter of Sal Sawan wood but the same has not been released. Learned counsel further submits that order passed by this Court in Cr. W.J.C. no. 111 of 1999 has not been challenged by the Department before any higher Court. It has further been submitted that from Annexure-8, it appears that respondents have sold those woods.
In such circumstances, this writ petition is disposed of with direction to the Divisional Forest Officer, Araria ( respondent no.4) to release the woods 433 pieces/ 9.631 cubic
Patna High Court CWJC No.8755 of 2016 dt.06-05-2019 3/3
meter of Sal Sawan wood which was seized by the Forest Department on 4.7.1993 from Truck bearing no. AS-17/1993 within a period of two months from the date of receipt/production of copy of this order.
It is made clear that in the event respondent has sold the wood, as stated in Annexure-8, in that event, the respondent is liable to make payment of price of the aforesaid woods as applicable on 23.9.2010, when order was passed by this Court in Cr. W.J.C. no. 111 of 1999. The respondent shall make payment of the price of the woods within a period of two months from the date of receipt /production of copy of this order.
It is further made clear that in the event the respondent does not comply with the aforesaid order of this Court within a period of two months, in that event, the respondent will be liable to make payment of interest at the rate of 7% per annum besides the price of woods to the petitioner from the date of passing of the order by this Court on 23.9.2010 in Cr. W.J.C. No. 111 of 1999.
(Sanjay Priya, J)
shyambihari/- AFR/NAFR CAV DATE Uploading Date 10/5/2019 Transmission Date
2 issues framed by the court
Whether the Forest Department is directed to release seized wood or pay the price with interest given non-compliance with prior court orders.
Whether the Divisional Forest Officer is liable for interest on delayed payment of the sale price of the seized wood.
Mukund Kumar Mantry
The State Of Bihar through Principal Secretary, Dept. of Forest and Environment, Govt. of Bihar
Regional Chief Conservator of Forest, Bhagalpur
The Conservator of Forest, Purnea Circle, Purnea, Bihar
Divisional Forest Officer, Araria, Bihar
Range Officer, The then Prasar Forest Range, Bahadurganj, Kishanganj
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
