Disposed

Pramod Kumar v. The State of Bihar

Patna HC11 Feb 2022CWJC/948/2020

Case brief

AI extract

What is this about?

The High Court of Patna disposed of a writ petition seeking the provisional release of a seized truck. Noting the final order of confiscation was passed during pendency, the court deemed the present plea infructuous but granted liberty to file an appeal against the confiscation order.

What did the court decide?

Liberty to file an appeal against the order of confiscation passed by the Authorized Officer within four weeks.

Pramod Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.948 of 2020

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Pramod Kumar, Son of Dinanath Singh, Resident of Village- Bali Pakar, Police Station- Paliganj, District- Patna. ... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas.

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The Forest Range Officer, Tilauthu Forest Region, Sasaram, DistrictRohtas.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Rajani Kant Singh, Advocate For the Respondent/s : Mr.Sarvesh Kr. Singh (AAG13)

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

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(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

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Date : 11-02-2022

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Heard learned counsel for the parties.

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Petitioner has prayed for the following relief(s).

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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, direction/directions, command/commands directing the provisional release of the truck bearing Registration No. BR25G 3355 in favour of the petitioner in connection with Forest Case No. 69 of 2016 corresponding Confiscation Case No. 152 of 2016 to the satisfaction of Learned Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District -Rohtas within a

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Patna High Court CWJC No.948 of 2020 dt.11-02-2022 2/2

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specified period.”

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It is submitted on behalf of learned counsel for the petitioner that during pendency of this writ petition, final order of confiscation has been passed by the Authorized Officer, as such, present writ petition for provisional release of the vehicle has become infructuous.

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The writ petition is disposed of with liberty to petitioner to file an appeal against the order passed by the Authorized Officer, and if any, such appeal is filed within four weeks, the appellate authority shall condone the delay in filing appeal as the matter remain pending before this Court and shall decide the appeal on its own merit preferably within eight weeks from the date of its filing.

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The petition stands disposed of in the aforesaid terms.

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Interlocutory Application(s), if any, also stands disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Rajiv/veena-

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Pramod Kumar v. The State of Bihar

Case brief

What is this about?

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Pramod Kumar v. The State of Bihar

Case brief

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