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

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Manoj Kumar Upadhayay Vs The State of BiharManoj Kumar Upadhayay v. The State of Bihar

Dismissed¶29

Manoj Kumar Upadhayay v. The State of Bihar

Patna HC20 Feb 2025CWJC/3339/2022

Case brief

AI extract

What is this about?

Keywords: forest confiscation; truck/vehicle seizure; stone chips; DFO Rohtas; Forest Confiscation Case No. 95/2014; Forest Case No. 71F/14; Forest Appeal No. 19/2015; Forest Revision No. 19/2016; District Magistrate Rohtas; Principal Secretary-cum-Revisional Authority; certiorari; mandamus; peremptory order; dismissal for non-removal of defects; Patna High Court CWJC 3339/2022; Rajiv Roy. Value: purely procedural — illustrates dismissal of a writ petition for failure to cure defects within a peremptory deadline; contains no adjudication of the confiscation merits and cites no statutes or precedents.

What did the court decide?

The writ application stood dismissed on 17.10.2024 as the defects were not removed within the four weeks allowed on 12.09.2024 under a peremptory order; the file was perused and consigned and the merits of the confiscation dispute were not adjudicated.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the orders dated 24.12.2014 (DFO confiscation), 17.05.2016 (District Magistrate appellate) and 24.06.2020 (revisional) concerning the petitioner's trucks loaded with stone chips should be quashed and the vehicles released.

Ratio / Principle

The writ application stood dismissed on 17.10.2024 as the defects were not removed within the four weeks allowed on 12.09.2024 under a peremptory order; the file was perused and consigned and the merits of the confiscation dispute were not adjudicated.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Rajiv Roy, J.) — CWJC No. 3339 of 2022, decision entry dated 20-02-2025. Writ petition (certiorari and mandamus) by Manoj Kumar Upadhayay seeking quashing of (i) the Divisional Forest Officer, Rohtas' order dated 24.12.2014 in Forest Confiscation Case No. 95/2014 (arising out of Forest Case No. 71F/14) confiscating his trucks bearing Registration Nos. BR-446-0196 and BR-44G3505 loaded with stone chips, (ii) the District Magistrate, Rohtas' appellate order dated 17.05.2016 in Forest Appeal No. 19/2015 dismissing his appeal, and (iii) the Principal Secretary-cum-Revisional Authority's revisional order dated 24.06.2020 in Forest Revision No. 19/2016 rejecting his revision petition, and directing release of the vehicles. Four weeks had been allowed on 12.09.2024 to remove filing defects under a peremptory order; as the defects were not removed, the case stood dismissed on 17.10.2024 and the file was perused and consigned. The merits were not adjudicated; no relief granted.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3339 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 Secretary, 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

3 20-02-2025

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 24.12.2014 passed by the Respondent D.F.O., Rohtas at Sasaram in Forest Confiscation Case no. 95/2014 arising out of Forest case No. 71F/14 (as contained in Annexure-3) and whereunder the vehicles Truck bearing Registration No. BR-446-0196 and BR-44G3505 respectively of the petitioner

Patna High Court CWJC No.3339 of 2022(3) dt.20-02-2025 2/3

has been confiscated and further to quash the order dated 17.05.2016 passed in Forest Appeal No. 19/2015 by the Respondent District Magistrate, Rohtas (as contained in Annexure-4) by which the Forest Confiscation Appeal preferred by the petitioner and he has been dismissed the Forest Appeal and also affirmed the order dated 17.05.2016 passed by the D.F.O. Rohtas at Sasaram, and also to quash the Revisional order dated 24.06.2020 passed in Forest Revision No. 19/2016 by the Respondent 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-5).

(ii). To issue a writ(s), order(s), direction(s) including a writ in the nature of mandamus directing the Respondents to release the vehicles Truck bearing BR-44G0196 and BR-44G-3505 respectively loaded thereon stone chips in favour of the petitioner

Patna High Court CWJC No.3339 of 2022(3) dt.20-02-2025 3/3

forthwith.

On 12.09.2024, four weeks’ time was granted to

remove the defects.

As the same was not removed and it being a

peremptory order, the case stands dismissed on 17.10.2024.

Perused the file, consigned.

(Rajiv Roy, J)

Vijay Singh/-

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the orders dated 24.12.2014 (DFO confiscation), 17.05.2016 (District Magistrate appellate) and 24.06.2020 (revisional) concerning the petitioner's trucks loaded with stone chips should be quashed and the vehicles released.¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Revisional order dated 24.06.2020 passed in Forest Revision No. 19/2016 by the Respondent Revisional Secretary (Principal Secretary-cum-Revisional Authority) rejecting the petitioner's revision petition (Annexure-5); the writ petition additionally seeks quashing of the DFO confiscation order dated 24.12.2014 and the District Magistrate appellate order dated 17.05.2016.¶22
Principal Secretary-cum-Revisional Authority, Environment and Forest Department, Govt. of Bihar · 24.06.2020
Prior proceeding
Order dated 24.12.2014 of the Divisional Forest Officer, Rohtas at Sasaram in Forest Confiscation Case No. 95/2014 (arising out of Forest Case No. 71F/14) confiscating the petitioner's trucks bearing Registration Nos. BR-446-0196 and BR-44G3505 (Annexure-3).¶20
Prior proceeding
Order dated 17.05.2016 of the District Magistrate, Rohtas in Forest Appeal No. 19/2015 dismissing the petitioner's appeal and affirming the DFO's confiscation order (Annexure-4).¶22
Prior proceeding
Within this writ case: four weeks' time was granted on 12.09.2024 to remove filing defects under a peremptory order; the defects were not removed, so the case stood dismissed on 17.10.2024.¶29

Parties & counsel

AI extract

petitioner
Manoj Kumar Upadhayay¶3
Babu Nandan Prasad
respondent
The State of Bihar through the Principal Secretary, Environment and Forest Department, Govt. of Bihar, Patna¶6
Sarvesh Kr. Singh (Aag13)
respondent
The Principal Secretary-cum- Revisional Authority, Environment and Forest Department, Govt. of Bihar, Patna¶7
Sarvesh Kr. Singh (Aag13)
respondent
The District Magistrate-cum- Appellate Authority, Rohtas at Sasaram¶8
Sarvesh Kr. Singh (Aag13)
respondent
The Divisional Forest Officer-cum- Confiscating Authority, Rohtas, DistrictRohtas¶9
Sarvesh Kr. Singh (Aag13)
respondent
The Forester, Darigaon Range, Sasaram, Rohtas¶10
Sarvesh Kr. Singh (Aag13)

Coram

AI extract

Rajiv Royauthor¶15

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 20 Feb 2025 · February
Registered: 25 Feb 2022
Case no.: CWJC/3339/2022
CNR: BRHC010141222022
Bench: Rajiv Roy
Disposal: CONSIGNED
Case type: CWJC

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Cite this judgement

Manoj Kumar Upadhayay v. The State of Bihar, CWJC/3339/2022 (PAT), decided on 20 February 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Revisional order dated 24.06.2020 passed in Forest Revision No. 19/2016 by the Respondent Revisional Secretary (Principal Secretary-cum-Revisional Authority) rejecting the petitioner's revision petition (Annexure-5); the writ petition additionally seeks quashing of the DFO confiscation order dated 24.12.2014 and the District Magistrate appellate order dated 17.05.2016.Principal Secretary-cum-Revisional Authority, Environment and Forest Department, Govt. of Bihar · 24.06.2020
Order dated 24.12.2014 of the Divisional Forest Officer, Rohtas at Sasaram in Forest Confiscation Case No. 95/2014 (arising out of Forest Case No. 71F/14) confiscating the petitioner's trucks bearing Registration Nos. BR-446-0196 and BR-44G3505 (Annexure-3).
Order dated 17.05.2016 of the District Magistrate, Rohtas in Forest Appeal No. 19/2015 dismissing the petitioner's appeal and affirming the DFO's confiscation order (Annexure-4).

View full history

Bench / Coram

Rajiv Roy

Parties & counsel