Manoj Kumar Upadhayay Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Manoj Kumar Upadhayay Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether certiorari should issue quashing (i) the D.F.O.'s confiscation order dated 28-10-2014 in Forest Confiscation No. 46/2014 (Forest Case no. 40F/2014), (ii) the District Magistrate's order dated 11.02.2020 in Forest Appeal No. 15/2015, and (iii) the Revisional order dated 05.08.2021 in Forest Revision Case No. 31/2020. (As prayed; the merits were never adjudicated — the application was dismissed for non-removal of defect.) +1 more

Ratio / Principle

Since the defect in the filing was not removed despite the peremptory three-week notice granted on 12.09.2024, the case stands dismissed (recorded 03.10.2024); no ruling was made on the forest-confiscation challenge.

Detailed headnote1 paragraphs

CWJC No.2712 of 2022, Patna High Court (oral order dated 10-02-2025, Rajiv Roy, J): Manoj Kumar Upadhayay v. The State of Bihar and others. The petitioner sought (i) certiorari quashing of the DFO/Confiscating Authority Rohtas order dated 28-10-2014 in Forest Confiscation No. 46/2014 (arising out of Forest Case no. 40F/2014) confiscating his truck (Registration No. BR-44G-0422) carrying 500 cft. stone chips; (ii) quashing of the District Magistrate, Rohtas order dated 11.02.2020 in Forest Appeal No. 15/2015 dismissing his Forest Confiscation Appeal and affirming the confiscation; (iii) quashing of the Revisional order dated 05.08.2021 in Forest Revision Case No. 31/2020 rejecting his revision; and (iv) mandamus for final release of the vehicle. Disposition: on 12.09.2024 three weeks were granted to remove the defect in the filing; the defect was not removed and, the order being peremptory, the case stood dismissed on 03.10.2024; file perused and consigned. The merits of the forest-confiscation, appellate and revisional orders were never adjudicated — this order decides no proposition of law and is citable only for the procedural consequence of unremoved defects under a peremptory listing. Note: the source prints the vehicle number inconsistently (BR-44G-0422 in the confiscation prayer; BR24G--0422 in the release prayer).

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2712 of 2022

======================================================

Manoj Kumar Upadhayay Son of Paras Nath Upadhayay, Resident of VillageAhirauli, P.S. Industrial Area, Buxar, District-Buxar.

... ... Petitioner/s

Versus

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

The Principal Secretary-Cum-Revisional Authority, Environment and Forest Department, Govt, of Bihar, Patna.

The District Magistrate-Cum-Appellate Authority, Rohtas at Sasaram.

The Divisional Forest Officer-Cum-Confiscating Authority, Rohtas, DistrictRohtas.

The Forester, Darigaon Range, Sasaram, Rohtas.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Babu Nandan Prasad, Adv. For the Respondent/s : Mr. Sarvesh Kr. Singh (Aag13) ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

4 10-02-2025 Heard the parties.

The present application has been preferred for the

following relief(s):

(i) to issue writ/ writs,

order/orders, direction/directions including a writ in the nature of certiorari for quashing the order dated 28-10-2014 passed by the Respondent D.F.O., Rohtas at Sasaram in Forest Confiscation No. 46/2014 arising out of Forest Case no. 40F/2014 (as contained in Annexure-2) and whereunder

Patna High Court CWJC No.2712 of 2022(4) dt.10-02-2025 2/3

the vehicle Truck bearing Registration No. BR-44G-0422 of the petitioner has been confiscated and further to quash the order dated 11.02.2020 passed in Forest Appeal No. 15/2015 by the Respondent District Magistrate, Rohtas (as contained in Annexure-3) by which the Forest Confiscation Appeal preferred by the petitioner and he has been dismissed the Forest Appeal and also affirmed the order dated 28.10.2014 passed by the D.F.O., Rohtas at Sasaram and also to quash the Revisional Order dated 05.08.2021 passed in Forest Revision Case по. 31/2020 by the Revisional Secretary, which has already been rejected the Revision Petition of the petitioner without considering the facts and circumstances of the case of the petitioner in proper perspective (as contained in Annexure-4);

(ii) to issue a writ(s), Order(s), direction(s) including a writ in the nature of

Patna High Court CWJC No.2712 of 2022(4) dt.10-02-2025 3/3

mandamus directing the Respondents to release finally the vehicle Truck bearing BR24G--0422 loaded thereon 500 cft. stone chips in favour of the petitioner forthwith.

On 12.09.2024, three weeks’ time was granted to

remove the defect.

As the same was not removed and it being a peremptory order, the case stands dismissed on 03.10.2024.

Perused the file, consigned.

(Rajiv Roy, J)

Vijay Singh/-

U T